Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Agnish Pty Limited v Folio Invest Pty Limited (No 4) [2020] FCA 120 File number: NSD 1006 of 2018
Judge: GRIFFITHS J
Date of judgment: 13 February 2020
Catchwords: CONSUMER LAW – whether representations made prior to entering into a loan agreement were misleading or deceptive for the purposes of s 18 of the Australian Consumer Law
Legislation: Australian Securities and Investment Commission 2001 (Cth), s 12DA Competition and Consumer Act 2010 (Cth), Sch 2, s 18 Corporations Act 2001 (Cth), s 1041H
Cases cited: Aqua-Marine Marketing Pty Ltd v Pacific Reef Fisheries (Australia) Pty Ltd (No 5) [2012] FCA 908 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Bill Acceptance Corporation Ltd v GWA Ltd [1983] FCA 280; (1983) 50 ALR 242 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; 238 CLR 304 Cummings v Lewis [1993] FCA 190; 41 FCR 559 General Newspapers Pty Ltd v Telstra Corporation Ltd [1993] FCA 672; 45 FCR 164 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd [1984] FCA 180; 2 FCR 82 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31; 241 CLR 357 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; 149 CLR 191 Seafolly Pty Ltd v Madden [2012] FCA 1346; 297 ALR 337 Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc [1992] FCA 962; (1992) 38 FCR 1
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