Section 51A(2) of the Trade Practices Act 1974 (Cth) imposes only an evidential burden on the representor; once discharged, the applicant bears the persuasive burden under s 51A(1) of proving absence of reasonable grounds. The transaction-date rule for assessing damages under s 82 may be departed from where the plaintiff is locked into retaining specialist equipment that is not readily marketable, and the court should consider valuing the asset at trial date. Consequential operating costs directly flowing from use of equipment acquired in reliance on contravening representations are recoverable under s 82 even where no representation was made about those specific costs.
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