CORPORATIONS LAW – margin lending facility opened in 1997 – application for damages – eight causes of action spanning 25 years – claim alleging a failure to provide a product disclosure statement contrary to the Corporations Act 2001 (Cth) – whether the Corporations Act required the defendant to provide a product disclosure statement and supplementary product disclosure statement to the first plaintiff – further claim pursuant to the Australian Securities and Investments Commission Act 2001 (Cth) alleging unconscionable conduct, and misleading and deceptive conduct – where commission paid to a broker – equitable and common law claims alleging breach of fiduciary duty or knowingly assisting or receiving in breach of fiduciary duty, breach of contract, fraud and breach of duty of care – failure by plaintiffs to establish conduct alleged – claim dismissed.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0822
For more information, see the original judgement.
