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Misleading & Deceptive Conduct

Legal advice – misleading and deceptive

By robertsheldon / August 6, 2021 / Comments Off on Legal advice – misleading and deceptive

Bartier Perry Pty Ltd v Paltos [2021] NSWCA 158 Mr Paltos sought damages under s 236 of the Australian Consumer Law. While the measure of damages under s 82 of the Trade Practices Act 1974 (Cth) (which is relevantly in similar terms to s 236) is not necessarily the same as for negligence (see Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388; [2004] HCA 3), Mr Paltos formulated…

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Real estate agents: mere conduits?

By robert / October 4, 2018 /

Reasonable purchasers in the position of the Hyders would have taken from their inspection of the property, the relevant marketing material and their oral communications with McGrath that the information that it provided in respect of parking was obtained from the vendor and that McGrath was not guaranteeing its accuracy.  

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