NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10 Hearing dates: 28 November 2017 Decision date: 14 February 2018 Before: Macfarlan JA at [1]; Meagher JA at [89]; Gleeson JA at [90] Decision: Appeal dismissed with costs. Catchwords: CONSUMER LAW – misleading or deceptive conduct – whether respondents made representation that appellants would be the only fresh fruit and vegetable retailer in a section of the respondents' shopping centre

CONSUMER LAW – misleading or deceptive conduct – whether failure by shopping centre's owners to disclose to an independent retailer of fresh fruit and vegetables in the centre that a supermarket had plans to engage in that activity was misleading or deceptive or constituted unconscionable conduct Legislation Cited: Retail Leases Act 1994 (NSW), s 11 Trade Practices Act 1974 (Cth), ss 51AC, 52 Cases Cited: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Lam v Ausintel Investments Australia Pty Ltd (1990) 97 FLR 458 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357; [2010] HCA 31 Poseidon Ltd v Adelaide Petroleum NL (1991) 105 ALR 25 Category: Principal judgment Parties: NB2 Pty Ltd (First Appellant) Michael Panetta (Second Appellant) Nicholas Basile (Third Appellant) P.T. Ltd (First Respondent) Perpetual Trustee Company Ltd (Second Respondent) RE1 Ltd (Third Respondent) Representation: Counsel: P W Gray SC / A M Hochroth (Appellants) A Fernon (Respondents)