Johnson v Mackinnon

• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Representations
  4. › Explicit false representations in proposal document
  5. › Whether appellant had knowledge of false representations
  6. › Whether appellant jointly and severally liable as partner for misrepresentations made in ordinary course of business
  7. › Competition and Consumer Act 2010 (Cth), Sch 2, ss 2, 18, 236
• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Silence or non-disclosure
  4. › Whether failure to disclose conman's involvement constituted misleading conduct
  5. › Whether reasonable expectation of disclosure
  6. › Whether appellant knew of prerequisite facts
  7. › Whether appellant deliberately concealed involvement
• 1. Appeals
  2. › From findings of fact and credibility
  3. › Function of appellate court
  4. › Circumstantial case
  5. › Briginshaw standard
  6. › Inferences from primary facts
  7. › Whether open to be comfortably satisfied of various factual findings
• 1. Partnerships and Joint Ventures
  2. › Relationship of partners to persons dealing with them
  3. › Liabilities of partner
  4. › Partnership intended to be limited but unlimited because limited partnership agreement never registered
  5. › Joint and several liability for misrepresentations made by other partner in ordinary course of business
  6. › Partnership Act 1892 (NSW), ss 10(1), 50A(1), 60(1)

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