Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cunningham v Westpac Banking Corporation Limited [2012] FCA 1088 Citation: Cunningham v Westpac Banking Corporation Limited [2012] FCA 1088
Parties: PAUL BRENTON CUNNINGHAM v WESTPAC BANKING CORPORATION LIMITED, JOHN RICHARD PARK, MARK FRANCIS XAVIER MENTHA, TRACEY LEE CUNNINGHAM, DINE-RITE PTY LTD, PCTC INVESTMENTS PTY LTD and BURANDA PROPERTIES PTY LIMITED (RECEIVERS & MANAGERS APPOINTED)
File number: QUD 657 of 2011
Judge: REEVES J
Date of judgment: 5 October 2012
Catchwords: TRADE PRACTICES – s 52 Trade Practices Act 1974 (Cth) – representations in letter between lawyers negotiating compromise of proceedings – claims the representations misleadingly described an agreement as a final agreement for sale and caused a litigant to enter into a settlement deed and consent to orders to end proceedings – characterisation of the representations as misleading or deceptive requires consideration of the contents of the letter as a whole against all of the relevant circumstances surrounding its preparation and despatch – objectively assessed representations not misleading or deceptive – applicant required to show greater benefits or lesser detriments would have been incurred had settlement deed not been entered into – applicant claiming personal loss as beneficiary of a trust – no evidence of loss or detriment Held: application dismissed
Legislation: Environmental Protection Act 1994 (Qld) Trade Practices Act 1974 (Cth)
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