TRADE PRACTICES - unconscionability - the operation of the TPA ss 51AC - the effect of the TPA s 51AA(2) on a claim under s 51AA in circumstances where a claim is made under s 51AC - what constitutes unconscionable conduct within the meaning of the TPA s 51AC - the operation of the Franchising Code of Conduct cl 16(1) - the limitation period on a claim for unconscionable conduct - the application of the TPA s 87F
TORTS - negligent misstatement - whether the defendant had a duty to take reasonable care in making representations to potential franchisees - whether the defendant had a duty of care not to express opinions unless it had reasonable grounds for doing so - whether the defendant breached that duty of care
LIMITATION OF ACTIONS - whether the claims for personal injuries are statute barred by operation of the Limitation Act 1969 (NSW) s 50C - whether an order should be made under the Civil Procedure Act 2005 (NSW) s 65(3)
CONTRACTS - the operation of the Contracts Review Act 1980 (NSW) s 7
Case Details
Citation[2014] NSWSC 55
CourtNSWSC
JurisdictionNew South Wales
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