Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211

FEDERAL COURT OF AUSTRALIA Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211 File number(s): VID 266 of 2020 VID 358 of 2023

Judgment of: NESKOVCIN J

Date of judgment: 18 October 2024

CONSUMER LAW – misleading and deceptive conduct – contract of sale of apartment sold "off the plan" – reliance – whether Applicants continued to rely on representations that were misleading and deceptive – reliance established Catchwords: CONSUMER LAW – remedies – what orders the Court should make under ss 237 and 243 of the Australian Consumer Law – orders for the recission of the contract of sale and return of a bank guarantee CONTRACTS – breach of contract of sale – variation – whether the contract of sale was varied – whether vendor failed to construct the apartment substantially in accordance with the contract of sale – whether purchasers entitled to rescind under the rule in Flight v Booth – repudiation – whether vendor repudiated the contract of sale – whether vendor was ready, willing and able to perform the contract of sale – estoppel – whether vendor should be estopped – whether purchasers were obliged to settle the purchase under the contract of sale – purchasers entitled to rescind DAMAGES – entitlement to forfeit of the deposit – loss and damage – deficiency in the resale price – expenses on the resale of the apartment – holding costs – borrowing costs – contractual interest – legal costs