Recent Cases

Tredmore Pty Ltd v Atlas Advisors Australia Pty Ltd [2023] NSWCA 60 (31 March 2023) (Ward P, Meagher and Gleeson JJA)


Catchwords:


CORPORATIONS – financial services – misleading or deceptive conduct – whether oral representations misleading or deceptive – where claim relates to alleged oral representations in Mandarin as to safety of investment in financial products relating to property development – whether oral representations made to effect that investment had little or no risk – where borrower did not own properties to be developed or have contracts in place for their acquisition or development

CORPORATIONS – financial services – misleading or deceptive conduct – whether written representation misleading or deceptive – where claim relates to alleged written representation in Mandarin as to the safety of financial products – where primary judge found use of Mandarin term “anquan” misleading or deceptive insofar as it described investment – where borrower did not own properties to be developed or have contracts in place for their acquisition or development