Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Inruse Pty Limited as trustee for the 224 Hinxman Trust v Equity Lenders Pty Ltd [2024] FCA 1434 File number(s):
Judgment of: THAWLEY J
Date of judgment: 12 December 2024
Catchwords: AUSTRALIAN CONSUMER LAW – where applicant alleged it entered into three loans because of misleading and deceptive conduct – alleged misleading and deceptive conduct in written material – whether the representation was conveyed by the whole of the conduct assessed in context – conduct not misleading and deceptive conduct – causation not established – associated claim of "involvement" not made out – associated claim for breach of contract not made out – associated claim for breach of duty of skill and care not made out
Australian Consumer Law, being Sch 2 of the Competition and Consumer Act 2010 (Cth) ss 2, 3, 4, 18, 60, 236, 267 Legislation: Corporations Act 2001 (Cth) ss 995, 1005 Competition and Consumer Regulations 2010 (Cth) reg 77A
Ackers v Austcorp International Ltd [2009] FCA 432 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60; 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; 238 CLR 304 Forrest v ASIC [2012] HCA 39; 247 CLR 486 Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Hearing) [2023] FCA 420 Henville v Walker [2001] HCA 52; 206 CLR 459 I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd [2002] HCA 41; 210 CLR 109 Cases cited: Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd [2008] NSWCA 206; 73 NSWLR 653 Knezevic v Perpetual Trustees Victoria Ltd [2013] NSWCA 199 Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8; 97 ALJR 388 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; 149 CLR 191 Stefanovski v Digital Central Australia (Assets) Pty Ltd [2018] FCAFC 31 Travel Compensation Fund v Tambree [2005] HCA 69; 224 CLR 627 Wade v J Daniels and Associates Pty Ltd [2020] FCA 1708 Whitby v ZG Operations Australia Pty Ltd (No 2) [2019] FCA 201 Yap v Chong [2024] FCA 1326
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