Recent Cases

Century Legend Pty Ltd v Ripani [2022] FCAFC 191 (30 November 2022) (Markovic, McElwaine and McEvoy JJ)


Catchwords:


CONSUMER LAW – misleading and deceptive conduct – contract of sale for apartment sold “off-the-plan” – where primary judge found render contained in marketing materials misleading and deceptive – whether the primary judge erred in rejecting the evidence of a witness – whether the primary judge erred in finding the exclusion clauses in the contract were ineffective in negating the misleading or deceptive conduct of the appellant – whether the primary judge erred in concluding the respondents were entitled to statutory rescission – appeal allowed in part – limited new trial ordered pursuant to ss 28(1)(f) and 30 of the Federal Court of Australia Act 1976 (Cth)

EVIDENCE – application for leave to adduce further evidence upon hearing of the appeal – exercise of discretion pursuant to s 27 of the Federal Court of Australia Act 1976 (Cth) – evidence could have been obtained for the purposes of the trial – no satisfactory explanation offered by the appellant as to failure to obtain evidence prior to the trial – application refused