Where a purchaser of a business agrees to a discounted price in express recognition that sales figures cannot be verified, and signs a waiver confirming non-reliance, the purchaser will not be able to establish reliance on those figures for the purposes of a misleading and deceptive conduct claim under the ACL. In arm's length commercial dealings, a party's expectation that the other party will volunteer information about changed intentions or released restraints is not reasonable where the first party has been told it needs to secure its own contractual protections.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.