Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lewis v Orchid Avenue Pty Ltd [2014] FCA 739 Citation: Lewis v Orchid Avenue Pty Ltd [2014] FCA 739
Parties: ANDREW PETER LEWIS and MIA TERESA LEWIS v ORCHID AVENUE PTY LTD (ACN 118 752 346)
File number: QUD 135 of 2012
Judge: DOWSETT J
Date of judgment: 11 July 2014
Catchwords: COMPETITION LAW – misleading and deceptive conduct – contract for sale – alleged representations as to capital growth and financial prospects – whether representations made – whether reliance – cross-claim for damages.
Legislation: Trade Practices Act 1974 (Cth) ss 51A, 52, 82, 87 Federal Court of Australia Act 1976 (Cth) s 51A
Dates of hearing: 27, 28 and 29 May 2013
Date of last submissions: 29 May 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 174
Counsel for the Applicants: Dr AJ Greinke with Mr G Watson
Solicitor for the Applicants: k2 Law
Counsel for the Respondent: Mr P Morrison QC with Mr G Handran
Solicitor for the Respondent: Hickey Lawyers
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 135 of 2012
BETWEEN: ANDREW PETER LEWIS
First Applicant
MIA TERESA LEWIS
Second Applicant
AND: ORCHID AVENUE PTY LTD (ACN 118 752 346)
Respondent
JUDGE: DOWSETT J DATE: 11 JULY 2014 PLACE: BRISBANE
REASONS FOR JUDGMENT
THE CONTRACTS 1 On 16 October 2009, the applicants ("Mr Lewis" and "Ms Lewis") entered into a contract (the "unit contract") with the respondent ("Orchid Avenue") for the purchase of a residential unit (the "unit") in a block of units then being built on the corner of Surfers Paradise Boulevard and Orchid Avenue at the Gold Coast. The unit was identified in the unit contract as Lot 22506 on an attached plan. At or about the same time, they also entered into a furniture package contract with Orchid Avenue (the "furniture package contract"). In these reasons, I need not, in general, distinguish between the two contracts. I shall refer to them collectively as the "contracts".
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