NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Traderight (NSW) Pty Ltd v Bank of Queensland Ltd [2015] NSWCA 94 Hearing dates: 16, 17, 18 February 2015 Decision date: 14 April 2015 Before: Bathurst CJ at [1]; Beazley P at [2], Barrett JA at [3] Decision: Appeal dismissed with costs Catchwords: TRADE AND COMMERCE – Trade Practices Act 1974 (Cth) and related legislation – consumer protection – misleading or deceptive conduct – negotiation and formation of franchise agreements under which franchisees operate branches as agents of a bank – statements made by the bank as to volumes of future business – whether these were statements as to what franchisees will likely achieve or statements regarding hypothetical possibility – silence – bank did not volunteer information regarding business volumes achieved by existing franchisees – whether maintaining of silence on that matter was misleading or deceptive conduct Legislation Cited: Fair Trading Act 1987 (NSW)Click here to enter text. Industrial Relations Act 1996 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; 238 CLR 304 CPI Group Ltd v Stora Enso Australia Pty Ltd [2007] FCAFC 160 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Fabcot Pty Ltd v Port Macquarie-Hastings Council [2011] NSWCA 167 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1988) 39 FCR 546 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; 104 FCR 564 Mackman v Stengold Pty Ltd [1991] ATPR 41-105 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd [2010] HCA 31; 241 CLR 357 Traderight (NSW) Pty Ltd v Bank of Queensland Ltd (No 17) [2014] NSWSC 55 Traderight (NSW) Pty Ltd v Bank of Queensland Ltd (No 18) [2014] NSWSC 733Click here to enter text. Category: Principal judgment Parties: Traderight (NSW) Pty Limited – First Appellant Representation: Counsel: M B J Lee SC/J C Conde - Appellants S Couper QC/J V Gooley - Respondent
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