Smart Education Program Pty Ltd (in liq) v CLGC Australia Pty Ltd [2023] FCA 826

Federal Court of Australia

Smart Education Program Pty Ltd (in liq) v CLGC Australia Pty Ltd [2023] FCA 826 File number(s): NSD 1687 of 2017

Judgment of: JACKMAN J

Date of judgment: 21 July 2023

Catchwords: CONTRACTS – claim of breach of contract – whether a contract was formed by oral discussions, or by oral discussions in conjunction with subsequent conduct – where education business proposal was made orally in China – whether there was intention to enter into legal relations – no intention in circumstances where there was absence of agreement on important details – subsequent conduct consistent with contract to consider each application in respect of a student on its merits, but does not suggest an intention to be bound for an indefinite period – claim dismissed CONSUMER LAW – claim of misleading or deceptive conduct – alleged misrepresentation regarding ability to transfer sufficient funds between China and Australia – alleged misrepresentation regarding the provision of guarantees to investing parents – extraterritorial application of the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) – representation misleading because defendant's foreign exchange quota could not lawfully be used for the education business – no reliance by plaintiff – cross-claim alleging negligent misrepresentation – no reliance by cross-claimant because no way to predict success of business – claim and cross-claim dismissed HIGH COURT AND FEDERAL COURT – availability of certificate under s 10 of the Federal Proceedings (Costs) Act 1981 (Cth) – where trial judge's resignation is not yet effective – certificate not available – discretionary factors not in favour of grant of certificate