PRACTICE AND PROCEDURE – scope of new trial – where trial judge held the respondent had engaged in misleading and deceptive conduct in relation to apartment sold off-the-plan – where trial judge found render contained in marketing materials conveyed misleading and deceptive representations – where Full Court held the primary judge had erred in rejecting evidence of a witness – where Full Court allowed appeal and ordered a new trial limited to the issue of whether the applicants continued to rely on the respondent’s misleading or deceptive conduct within a specified period, and if resolved in favour of the applicants, the relief that should be granted – whether the ambit of the new trial extended to the issue of whether the representations were expunged by the date the contract of sale became binding
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0812
For more information, see the original judgement.
