Federal Court of Australia
Federal Court of Australia
Dig It Landscapes Pty Ltd (in liq) v Bupa Aged Care Australia Pty Ltd [2022] FCA 47 File number: QUD 110 of 2020
Judgment of: JACKSON J
Date of judgment: 1 February 2022
Catchwords: CORPORATIONS - claim of misleading and deceptive conduct under s 18 of the Australian Consumer Law - application for leave to amend pleadings to expressly rely on s 4 of the Australian Consumer Law - ambiguous whether alleged representations were with respect to future matters - reliance on s 4 not clearly indicated to put respondent on notice - procedural fairness required that longer period of notice required - leave to amend inconsistent with case management principles - leave to amend refused except to the extent of agreed amendments
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) ss 4, 18 Federal Court of Australia Act 1976 (Cth) s 37M Trade Practices Act 1974 (Cth) s 51A
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Competition and Consumer Commission v IMB Group Pty Ltd [1999] FCA 819 Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281; (2006) 33 WAR 82 Cummings v Lewis (1993) 41 FCR 559 Futuretronics International Pty Ltd v Gadzhis [1992] 2 VR 217 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 O'Neill v Medical Benefits Fund of Australia Ltd [2002] FCAFC 188; (2002) 122 FCR 455 SPAR Licensing Pty Ltd v MIS QLD Pty Ltd [2014] FCAFC 50
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