Federal Court of Australia
Federal Court of Australia
Auken Animal Husbandry Pty Ltd v 3rd Solution Investment Pty Ltd [2022] FCA 294 File number: NSD 2412 of 2018
Judgment of: STEWART J
Date of judgment: 29 March 2022
Catchwords: CONSUMER LAW – alleged misleading and deceptive conduct resulting in conclusion of improvident agricultural lease – "Belt and Road" and "Going Out" initiatives of the Government of the People's Republic of China – Chinese state-owned highly resourced agricultural company claiming to be misled by Australian lessor – representation as to prohibition on foreign state-owned entity purchasing agricultural land – representation as to grazing beef cattle carrying capacity of agricultural land in New England region – representation as to rental being a fair market rental– whether alleged representations made – whether alleged representations relied on or causative of any loss – other reasons for improvident lease to have been concluded LANDLORD AND TENANT – lease terminated for lessee's failure to pay rent – lessor's cross-claim for loss of benefit of lease – net present value of the difference between the rent payable under the lease for the term of the lease and the market rent value over the term of the lease
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 281
Date of revised transcript and last submissions: 1 March 2021
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