Wormald v Maradaca Pty Ltd

• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Misleading or deceptive conduct by silence
  4. › Non-disclosure in sale of shares in private company
  5. › Whether reasonable expectation of disclosure arose in commercial context
  6. › Whether silence was misleading where further due diligence was refused
  7. › Australian Consumer Law, s 18
• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Characterisation of representations
  4. › Whether statement that $200,000 would be set aside 'to deal with any problems' constituted an assurance that nothing material had changed
  5. › Whether primary judge erred in characterising telephone conversation as involving implicit assurances
• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Causation
  4. › Whether non-disclosure was causative of loss
  5. › Whether loss was caused by calculated risk of experienced commercial participant rather than by misleading conduct
  6. › Relevance of commercial sophistication and risk appetite to causation
• 1. Appeal
  2. › Standard of appellate review
  3. › Characterisation of conduct as misleading or deceptive
  4. › Whether appellate court in as good a position as trial judge to draw inferences from undisputed facts
  5. › [name withheld] v [name withheld] principle applied to objective characterisation of conduct

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