Weston Energy Pty Ltd v National Ceramic Industries Australia Pty Ltd

• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Contractual interpretation
  4. › Price-capped gas contract
  5. › Whether gas supplier represented it would obtain third-party insurance
  6. › Pre-contractual negotiations
  7. › Cover email and phone calls
  8. › Whether 'calculated ambiguity' in terms of contract
  9. › Whether ambiguity was exploited
  10. › Significance of silence or non-disclosure
  11. › Competition and Consumer Act 2010 (Cth), sch 2, ss 18, 236
• 1. Contract
  2. › Construction of commercial contracts
  3. › Harmonious construction of multiple clauses
  4. › Whether 'price insurance' in one clause referred to third-party insurance policy where another clause expressly referred to 'Insurance Policy'
• 1. Appeal
  2. › Standard of appellate review
  3. › Misleading or deceptive conduct finding
  4. › Correctness standard applicable
  5. › Court in as good a position as primary judge to draw inferences from undisputed or established facts
• 1. Practice and Procedure
  2. › Leave to appeal
  3. › Small monetary claims
  4. › Whether question of public importance raised
  5. › Supreme Court Act 1970 (NSW), s 101(2)(r)

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