Harvard Nominees Pty Ltd v Tiller [2020] FCAFC 229 (18 December 2020) (Lee, Anastassiou and Stewart JJ)


Catchwords:


CONSUMER LAW – misleading or deceptive conduct – entry into a series of pastoral leases in reliance on representations – relief of statutory rescission sought under s 243 of Australian Consumer Law (ACL) – whether appellant suffered or was likely to suffer loss or damage because of contravening conduct under ss 236 and 237 of ACL – whether case was advanced before primary judge –loss or damage not confined to economic loss – entry into contractual arrangement constituted loss or damage in particular circumstances – appellant suffered disadvantage as a result of entry into contract – appeal allowed – matter remitted to primary judge on question of relief

EQUITY – rescission – differences between rescission at common law and in equity and statutory relief in the nature of rescission