Representations as to tenant reliability, rental income, and payment history in the sale of a commercial investment property may constitute misleading or deceptive conduct under TPA s 52 and FTA s 10, and may ground claims in deceit and negligent misstatement, where the purchaser relies on those representations. On costs, the test for special costs orders requires a showing of unusual difficulty, complexity or importance producing inadequacy in the scale allowance, assessed by reference to whether there is a fairly arguable case to put to the taxing officer.
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