Lin v Zheng

(2023) 379 FLR 164; [2023] NSWCA 174

NSW Court of Appeal

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Interrogate

Catchwords

1. Consumer Law
2. › Misleading or deceptive conduct
3. › Representations as to future matters
4. › Whether assurance of repayment constituted representation as to future matter
5. › Whether reasonable grounds for making representation
6. › Competition and Consumer Act 2010 (Cth) sch 2, ss 4, 18
1. Consumer Law
2. › Misleading or deceptive conduct
3. › Causation and reliance
4. › Whether material representation calculated to induce entry into transaction
5. › Whether finding of reliance on guaranteed repayment representation consistent with rejection of reliance on no risk representation
6. › Inference of reliance from material representation
1. Practice and Procedure
2. › Pleadings
3. › Departure from pleaded case
4. › Whether case fought on basis that unpleaded representation was in issue
5. › Whether primary judge entitled to determine issue addressed by parties at trial
1. Practice and Procedure
2. › Adequacy of reasons
3. › Appellate review
4. › Minimum acceptable standard of reasons
5. › Whether failure to address specific evidence constituted inadequate reasons

Quick Take

An assurance of repayment of a loan constitutes a representation as to a future matter under s 4 of the ACL, even where the representor did not personally guarantee repayment in the nature of a surety, and the representor bears the onus of demonstrating reasonable grounds for the assurance.