ACTACTSC
Tuggeranong Town Centre Pty Limited v Brenda Hungerford Pty Limited
[2017] ACTSC 88
Supreme Court of the ACT|2017-04-28|Before: Refshauge ACJ
View original sourceAt a glance
Source factsCourt
Supreme Court of the ACT
Decision date
2017-04-28
Before
Refshauge ACJ
Catchwords
- TRADE AND COMMERCE – TRADE PRACTICES AND RELATED MATTERS
- – Misleading and deceptive conduct – silence or non-disclosure as a
- form of misleading
- and deceptive conduct – non-disclosure need not be
Source
Original judgment source is linked above.
Catchwords
TRADE AND COMMERCE – TRADE PRACTICES AND RELATED MATTERS– Misleading and deceptive conduct – silence or non-disclosure as aform of misleadingand deceptive conduct – non-disclosure need not beintentional – non-disclosure did amount to misleading and deceptiveconduct – representations to constitute conduct – s 52 of theTrade Practices Act 1974 (Cth)EVIDENCE – EXPERT OPINION – Concurrent expert evidence– preference of evidence – influence of instructions given –nexusof argument – “in conclave”DAMAGES – ASSESSMENT – Loss and damage must be actualloss and damage suffered – link between reliance of the misleading anddeceptiveconduct and the loss of damage claimed – causation –reasonableness – mitigation – liability to third parties–compensation payable as a consequence of loss of rent due to abandonment ofpremises – exit costs – damages forcapital outlays – damages