Babstock Pty Ltd & Anor v Laurel Star Pty Ltd & Anor (No 5)

• 1. Trade and Commerce
  2. › Competition, fair trading and consumer protection legislation
  3. › Consumer protection
  4. › Misleading or deceptive conduct
  5. › Reliance, inducement and causation
  6. › Whether buyer relied upon pre-contractual representations in entering contract
  7. › Whether receipt of due diligence information inconsistent with representations broke chain of reliance
  8. › Competition and Consumer Act 2010 (Cth), sch 2
• 1. Trade and Commerce
  2. › Competition, fair trading and consumer protection legislation
  3. › Consumer protection
  4. › Misleading or deceptive conduct
  5. › Causation
  6. › Whether pre-contractual misrepresentations caused buyer to become bound by contract
  7. › Whether receipt of independent due diligence report broke causal chain
  8. › Competition and Consumer Act 2010 (Cth), sch 2
• 1. Trade and Commerce
  2. › Competition, fair trading and consumer protection legislation
  3. › Enforcement and remedies
  4. › Rescission or restitution
  5. › Whether contract may be declared void ab initio under s 237 of Australian Consumer Law
  6. › Whether buyer suffered or was likely to suffer loss or damage
  7. › Whether contractual rights to exclude non-conforming properties precluded finding of loss
  8. › Competition and Consumer Act 2010 (Cth), sch 2, s 237(1), s 237(2)
• 1. Appeal
  2. › Standard of appellate review
  3. › Appeal from findings of fact
  4. › Whether appellate court may set aside factual findings of trial judge
  5. › Whether overwhelming weight of evidence against finding
  6. › Fox v Percy (2003) 214 CLR 118

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