Butcher v Lachlan Elder Realty Pty Limited

[2004] HCA 60
Judgment date
Case number
S548/2003
Before
Gleeson CJ, McHugh, Kirby, Hayne, Heydon JJ
Catchwords

Trade practices – Misleading or deceptive conduct - Sale of waterfront property - Real estate agent published brochure containing survey diagram obtained from vendor's solicitors - Survey diagram alleged to be inaccurate - Brochure contained a disclaimer by the real estate agent as to the reliability of information from other sources - Purchasers intended to develop property in reliance on the survey diagram - Whether real estate agent made a representation - Whether real estate agent engaged in misleading or deceptive conduct or conduct "likely to mislead or deceive".

Words and phrases – "misleading or deceptive conduct", "representation".

Fair Trading Act 1987 (NSW) – s 42.

Trade Practices Act 1974 (Cth) – ss 52, 82.

Files
60.rtf (119.47 KB)
60.pdf (276.56 KB)