Auken Animal Husbandry Pty Ltd v 3rd Solution Investment Pty Ltd (Supplementary reasons) [2022] FCA 583

Federal Court of Australia

Auken Animal Husbandry Pty Ltd v 3rd Solution Investment Pty Ltd (Supplementary reasons) [2022] FCA 583 File number: NSD 2412 of 2018

Judgment of: STEWART J

Date of judgment: 19 May 2022

Catchwords: CONSUMER LAW – alleged misleading and deceptive conduct resulting in conclusion of improvident agricultural lease – supplementary reasons as to whether case on "usual terms representation" made out – whether pleaded statements made – whether statements give rise to the pleaded representation – whether representation caused entry into the impugned contract

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 22

Date of hearing: 12-28 October 2020, 29 March 2022 and 7 April 2022

Counsel for the Applicant M R Pesman SC and N E Furlan

Solicitor for the Applicant Baker McKenzie

Counsel for the Respondent M Ashurst SC, G Farland and M Keene

Solicitor for the Respondent HWL Ebsworth

ORDERS NSD 2412 of 2018

BETWEEN: AUKEN ANIMAL HUSBANDRY PTY LTD (ACN 611 163 690) Applicant

AND: 3RD SOLUTION INVESTMENT PTY LTD (ACN 610 060 172) First Respondent

CAREY LEE Second Respondent

AND BETWEEN: 3RD SOLUTION INVESTMENT PTY LTD (ACN 610 060 172) Cross-Claimant

AND: AUKEN ANIMAL HUSBANDRY PTY LTD (ACN 611 163 690) Cross-Respondent

order made by: STEWART J DATE OF ORDER: 19 MAY 2022

THE COURT ORDERS THAT:

1. Within 14 days of these orders, the parties provide by email to the Associate of Stewart J agreed or competing orders for the disposition of the matter including as to costs. 2. In the event of competing orders, the parties also provide short written submissions in support of their respective positions and which identify any outstanding matters to be dealt with. 3. The making of final orders be dealt with on the papers unless either party seeks an oral hearing, in which event that is to be communicated in the email referred to in order 1. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.