Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
RRG Nominees Pty Ltd v Visible Temporary Fencing Australia Pty Ltd (No 4) [2019] FCA 686 File number: SAD 275 of 2016
Judge: WHITE J
Date of judgment: 17 May 2019
Catchwords: CONSUMER LAW – claims of misleading or deceptive conduct contrary to s 18 of the Australian Consumer Law (ACL) and s 1041H of the Corporations Act 2001 (Cth) – claim that misrepresentations made by the Respondents induced the Applicants to invest in multiple companies associated with the Respondents – the companies subsequently wound up – whether each alleged misrepresentation was made and whether it was misleading or deceptive – whether the Respondents' misrepresentations were relied upon by the Applicants in making their investments – whether the reliance on the misrepresentations caused the loss of the investments – contraventions of s 18 of the ACL and s 1041H of the Corporations Act made out – Applicants entitled to recover damages.
Legislation: Australian Consumer Law ss 4, 18, 236 Australian Securities and Investments Commission Act 2001 (Cth) ss 12BAA, 12BAB Competition and Consumer Act 2010 (Cth) ss 131A, 763A, 763B, 766A, 766B, 766C, 1041H, 1041I Trade Practices Act 1974 (Cth) s 82(1) Misrepresentation Act 1972 (SA) s 7
Cases cited: Argy v Blunts & Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112 Banditt v The Queen [2005] HCA 80; (2005) 224 CLR 262 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004) 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 Chowder Bay Pty Ltd v Paganin [2018] FCAFC 25 Concrete Constructions (NSW) Pty Ltd v Nelson [1990] HCA 17; (1990) 169 CLR 594 Forrest v Australian Securities and Investments Commission [2012] HCA 39; (2012) 247 CLR 486 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Gould v Vaggelas [1985] HCA 75; (1985) 157 CLR 215 Henville v Walker [2001] HCA 52; (2001) 206 CLR 459 Magill v Magill [2006] HCA 51; (2006) 226 CLR 551 Mitchell v Valherie [2005] SASC 350; (2005) 93 SASR 76 Rosenberg v Percival [2001] HCA 18, (2001) 205 CLR 434 Stone v Chappel [2017] SASCFC 72; (2017) 128 SASR 165 Wardley Australia Ltd v The State of Western Australia [1992] HCA 55; (1992) 175 CLR 514
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