CBRE (V) Pty Ltd v City Pacific Ltd (in liq)

• 1. Limitation of Actions
  2. › Accrual of cause of action
  3. › Economic loss
  4. › Payments by parent company on behalf of wholly owned subsidiary
  5. › Whether implicit loan arose between parent and subsidiary
  6. › Whether cause of action accrued when payments made or when repayment became impossible
  7. › Significance of corporate relationship between parent and wholly owned subsidiary
  8. › Significance of contemporaneous accounting documents
• 1. Trade Practices
  2. › Misleading and deceptive conduct
  3. › Valuations
  4. › Disclaimers and restrictions on use
  5. › Whether disclaimers negate characterisation of conduct as misleading or deceptive
  6. › Whether conduct to be assessed as a whole
  7. › Trade Practices Act 1974 (Cth), s 82
• 1. Trade Practices
  2. › Misleading and deceptive conduct
  3. › Causation
  4. › Loss suffered 'by' contravention
  5. › Whether causal connection established on documentary evidence alone
  6. › Significance of extraneous considerations driving transaction
  7. › Trade Practices Act 1974 (Cth), s 82
• 1. Restitution
  2. › Payment of another's debt
  3. › Implied request and promise to repay
  4. › Circumstances when implicit loan and obligation to repay may be inferred
  5. › Significance of relationship between parties

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