Harvard Nominees Pty Ltd v Tiller (No 2) [2020] FCA 604

FEDERAL COURT OF AUSTRALIA

Harvard Nominees Pty Ltd v Tiller (No 2) [2020] FCA 604 File number: WAD 250 of 2019

Judge: JACKSON J

Date of judgment: 11 May 2020

Catchwords: CONSUMER LAW - misleading or deceptive conduct - express oral representations regarding involvement of party in proposed leases - certain representations found to have been made - reliance on representations - whether representations misleading or deceptive - involvement in misleading or deceptive conduct - causation of loss or damage - applicant not pursuing 'no transaction' or 'different transaction' case - whether detriment or disadvantage required - whether counterfactual required to establish causation - whether entry into contractual relations amounts to loss or damage - whether misleading or deceptive conduct had continuing operative effect - no loss or damage caused by misleading or deceptive conduct CONSUMER LAW - misleading or deceptive conduct - non-disclosure of deeds of assignment - terms of deeds falsified letter - whether omission to disclose deeds misleading or deceptive - whether applicant would have been able to terminate leases if the deeds had been disclosed - whether respondents engaged in misleading conduct involving non-disclosure LANDLORD AND TENANT - equitable leases - assignment of equitable interest in equitable lease - requirement of delivery of deeds - whether deeds implemented - deeds held to be legally effective - whether clause in leases prohibiting assignment applies to equitable assignment - construction of leases - clause held to prohibit assignment in equity CONTRACT - prohibition on assignment - whether fundamental breach or repudiation - application of general contractual principles to leases - privity of estate between lessor and lessees not displaced by equitable assignment - breach not going to root of contract - fundamental breach or repudiation not established - application dismissed