Place v Sonrich Super Pty Ltd as Trustee for the Richardson Superannuation Fund [2021] FCA 650

Federal Court of Australia

Place v Sonrich Super Pty Ltd as Trustee for the Richardson Superannuation Fund [2021] FCA 650 Appeal from: Application for leave to appeal: Sonrich Super Pty Ltd as Trustee for the Richardson Superannuation Fund v Place [2020] FCCA 3099

File number: WAD 274 of 2020

Judgment of: JACKSON J

Date of judgment: 16 June 2021

Catchwords: APPEAL AND NEW TRIAL - application for leave to appeal from summary judgment of Federal Circuit Court of Australia - leave to appeal granted - evidence giving rise to sufficient doubt as to proper characterisation of transactions such as to warrant a trial - primary judge fell into error in holding that appellants had no reasonable prospect of defending misleading or deceptive conduct claims - appeal allowed

Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) s 18 Federal Circuit Court of Australia Act 1999 (Cth) s 17A Federal Court of Australia Act 1976 (Cth) s 31A

Cases cited: Blakeley v National Australia Bank [2018] FCA 796 Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd [2006] FCA 1352; (2006) 236 ALR 720 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 Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited [2008] FCAFC 60; (2008) 167 FCR 372 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Quach v Commissioner of Taxation [2019] FCA 1729; (2019) 168 ALD 130 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1 Webster v Lampard (1993) 177 CLR 598 Whitehall Holdings Pty Ltd v Custom Credit Corp Ltd (Unreported, Supreme Court of Western Australia, 19 June 1992)