McMillan v Coolah Home Base Pty Ltd

• 1. Real Property
  2. › Company title arrangements
  3. › Caravan park with entitlement to exclusive long-term sites through share in company
  4. › Whether purchasers of shares acquired equitable interest in sites
  5. › Whether representations made that purchasers were buying sites as land
  6. › Indefeasibility of title
  7. › Real Property Act 1900 (NSW), s 42
• 1. Corporations
  2. › Oppression
  3. › Voluntary administration and sale of caravan park land to company owned by same directors
  4. › Whether sale of caravan park itself amounted to oppressive conduct
  5. › Whether relief ordered was sufficient to remedy oppressive conduct
  6. › Corporations Act 2001 (Cth), ss 232, 233
• 1. Consumer Protection
  2. › Misleading or deceptive conduct
  3. › Representations as to sale of sites as land
  4. › Whether appellants established reliance on alleged representations
  5. › Whether adequate reasons given
  6. › Australian Consumer Law, ss 18, 237
• 1. Consumer Protection
  2. › Unconscionable conduct
  3. › Whether years-long course of disparate conduct constituted unconscionable conduct
  4. › Whether disparate acts could constitute 'system' or 'pattern' of behaviour
  5. › Whether conduct 'in connection with' supply of goods or services
  6. › Australian Consumer Law, ss 20, 21, 22A

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