The sale of a residential property by owner-occupiers does not constitute conduct 'in trade or commerce' under the Australian Consumer Law merely because the owners renovated the property with a view to selling at a profit, where the property was lived in as a home for a significant period. The engagement of a real estate agent and advertising on a commercial website do not impute a business character to the vendors' conduct. Part VIA proportionate liability provisions apply only to claims under s 18 of the ACL, not s 30 (provisional). The cost of rectifying defects that constitute breaches of statutory warranties is not necessarily the appropriate measure of damages under s 236 of the ACL for misleading conduct.
The full text is available to signed-in members, including the 49 later cases that cite this judgment.
9 of the 49 citing cases carry a classified treatment. How each court treated it is available to signed-in members.