Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mercland Investment Group Pty Ltd v Duncalm Pty Ltd [2012] FCA 183 Citation: Mercland Investment Group Pty Ltd v Duncalm Pty Ltd [2012] FCA 183
Parties: MERCLAND INVESTMENT GROUP PTY LTD (ACN 119 224 556) v DUNCALM PTY LTD (ACN 086 114 552), STEPHEN MATTHEW JONES, FRAZER ROBERTS and ROBERT LEIGH RAMPTON
File number: NSD 1949 of 2008
Judge: EDMONDS J
Date of judgment: 6 March 2012
Catchwords: TRADE PRACTICES – misleading or deceptive conduct – sale of land and improvements comprising new service centre for trucks and cars on junction of main highways – alleged misrepresentation by describing centre as "brand new" and failing to disclose defects in pavements caused by non-observance of engineering designs – alleged misleading or deceptive conduct by reason of silence or non-disclosure of such non-observance – whether relevant circumstances gave rise to reasonable expectation of such disclosure Held: No misrepresentation; in all the relevant circumstances, no reasonable expectation of disclosure of relevant matters.
Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) ss 38-325(1)(c), 38-325(2) Trade Practices Act 1974 (Cth) s 52 Fair Trading Act 1987 (NSW) s 42 Sale of Goods Act 1923 (NSW) ss 29, 72
Cases cited: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 applied Franich v Swannell (1993) 10 WAR 459 cited Lam v Austintel Investments Australia Pty Ltd (1989) 97 FLR 458 cited Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] 241 CLR 357 applied Ramensky v Demagogue Pty Ltd (1992) Q Conv R ¶54-429 applied Taco Co of Australia Inc. v Taco Bell Pty Limited (1982) 42 ALR 177 cited
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