Jacfun Pty Limited v Sydney Harbour Foreshore Authority

• 1. Trade Practices
  2. › Misleading or deceptive conduct
  3. › Representations as to future matters
  4. › Representation of present state of mind or intention of statutory body
  5. › Whether representation as to board's view of future development prospects was misleading
  6. › Whether exaggeration of negative position to lower price expectations constituted misleading conduct
  7. › Fair Trading Act 1987 (NSW), s 42
• 1. Trade Practices
  2. › Misleading or deceptive conduct
  3. › Causation
  4. › Loss or damage 'by' the conduct
  5. › Whether misleading conduct caused surrender of lease or only affected negotiating position
  6. › Loss of chance to negotiate higher price
  7. › Valuation of lost commercial opportunity
• 1. Trade Practices
  2. › Misleading or deceptive conduct
  3. › Reliance
  4. › Reliance by corporate board on representations made to employee
  5. › Whether reliance unreasonable
  6. › Whether different understandings by individual board members preclude finding of reliance
• 1. Appeal
  2. › Appellate review of factual findings
  3. › Whether primary judge's findings as to character of representations were correct
  4. › Assessment of contemporaneous file notes as best evidence of what was said

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