TRADE PRACTICES — misleading or deceptive conduct — franchise agreements — characterisation of pre-contractual representation about the estimate for completion of operational swim schools — whether estimate constitutes a promise or a prediction — whether estimate is a representation as to a future matter — whether deeming provision (s 4 of Australian Consumer Law) applies — whether individual defendants primarily liable for any misleading conduct.
DAMAGES — whether causal connection between pre-contractual representation and loss or damage — whether action subsequently released.