Federal Court of Australia
Federal Court of Australia
Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812 File number(s): VID 266 of 2020
Judgment of: BUTTON J
Date of judgment: 18 July 2023
Catchwords: PRACTICE AND PROCEDURE – scope of new trial – where trial judge held the respondent had engaged in misleading and deceptive conduct in relation to apartment sold off-the-plan – where trial judge found render contained in marketing materials conveyed misleading and deceptive representations – where Full Court held the primary judge had erred in rejecting evidence of a witness – where Full Court allowed appeal and ordered a new trial limited to the issue of whether the applicants continued to rely on the respondent's misleading or deceptive conduct within a specified period, and if resolved in favour of the applicants, the relief that should be granted – whether the ambit of the new trial extended to the issue of whether the representations were expunged by the date the contract of sale became binding
Cases cited: Athens v Randwick City Council (2005) 64 NSWLR 58 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Century Legend Pty Ltd v Ripani [2022] FCAFC 191 Hinds v Ross [2006] FCA 41 Lim v Comcare (2019) 165 ALD 217; [2019] FCAFC 104 Ripani v Century Legend Pty Ltd [2022] FCA 242
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 31
Date of hearing: 17 July 2023
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate