Where turnover and profit representations are interrelated (i.e. profit is contingent on a stated level of turnover), falsification of the turnover representation necessarily falsifies the profit representation. A representation as to expected profit from a business is a representation as to a future matter under s 51A, placing the onus on the representor to demonstrate reasonable grounds. In assessing the veracity of turnover representations, it is not appropriate to exclude public holidays or anomalous periods from the calculation of average weekly turnover where the representation was made as an unqualified average.
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