The 12-month benchmark for excessive delay in delivering judgment from Cobham v Frett is not to be mechanically applied; the assessment requires consideration of the circumstances of the particular case including the nature of the issues, whether the case depends on demeanour-based credibility findings, and the availability of transcript and documentary evidence. In misleading and deceptive conduct claims based on pre-employment representations, where the alleged representations form only a small part of complex negotiations and the prospective employee is a sophisticated party who negotiated contractual terms inconsistent with the alleged representations, an inference of reliance cannot be drawn without direct evidence from the representee.
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