Tredmore Pty Ltd v Atlas Advisors Australia Pty Ltd

[2023] NSWCA 60

NSW Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Financial services
3. › Misleading or deceptive conduct
4. › Oral representations
5. › Whether oral representation made that investment was 'safe'
6. › Representations in Mandarin
7. › Assessment of witness credibility
8. › Corporations Act 2001 (Cth), s 1041H
1. Corporations
2. › Financial services
3. › Misleading or deceptive conduct
4. › Written representations
5. › Whether use of Mandarin term 'anquan' misleading or deceptive
6. › Representation that investment 'safeguarded by structural means'
7. › Whether falsified by borrower not owning properties or having contracts for acquisition
8. › Corporations Act 2001 (Cth), s 1041H
1. Appeal
2. › Standard of appellate review
3. › Findings of fact dependent on credibility assessment
4. › Whether findings 'glaringly improbable' or 'contrary to compelling inferences'

Quick Take

The precise meaning of terms used in misleading or deceptive conduct claims involving representations in foreign languages may convey different senses than their English translations, and a representation that an investment is 'safeguarded by structural means' is a representation of present fact capable of falsification if the structure involves unreasonable risks.