Ripani v Century Legend Pty Ltd [2022] FCA 242

Federal Court of Australia

Ripani v Century Legend Pty Ltd [2022] FCA 242 File number: VID 266 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 18 March 2022

Catchwords: CONSUMER LAW – misleading or deceptive conduct – contract of sale for apartment sold 'off-the-plan' – representations conveyed by a computer generated image known as a render – render contained in marketing brochure, exhibited at display suite and on website for development – representations also made by real estate agent on behalf of developer – whether representations sufficiently precise to found contravention of s 18 of the Australian Consumer Law (ACL) – relevance of inscription 'artist impression' on render – relevance of disclaimers and exclusion clauses – whether representations were made as to a future matter without reasonable grounds – whether representations misleading or deceptive or likely to mislead or deceive – whether Applicants relied on representations in entering into contract of sale – whether misleading representation cured by statements made by architect prior to Applicants entering into contract of sale – relevance of objective circumstances to evidence of disinterested witness CONSUMER LAW – remedies – whether appropriate to grant relief in the nature of statutory rescission pursuant to s 237 and s 243(a) of ACL – whether Applicants suffered or were likely to suffer loss or damage because of contravening conduct of developer – loss in value of real estate property – loss or damage suffered by Applicants – whether entry into contract of sale constituted loss or damage in particular circumstances – discretionary considerations – alternative claim for rescission in equity – differences between rescission in equity and statutory relief in the nature of rescission – contract of sale rescinded