Murphy v Overton Investments Pty Ltd

Trade Practices – Remedies - Misleading conduct - Lease for unit in retirement village - Lessee liable to pay proportionate part of all expenditure incurred in operating village - Estimate of likely expenditure given to prospective lessees - Estimate misleading - Estimate did not include all expenditure being incurred in operation of the village - Accepted that respondent engaged in conduct in contravention of Pt V of the Trade Practices Act 1974 (Cth) - Relief available under Pt VI of the Trade Practices Act - Whether appellants suffered "loss or damage" within meaning of ss 82 and 87 of the Trade Practices Act - Whether "loss or damage" confined to economic loss - Whether incurring unexpected expenditure can be loss or damage - Whether "loss or damage" is necessarily singular - Whether loss or damage constituted only by any diminution in value of the lease - Whether increased future contributions could be awarded as damages.

Words and phrases – "loss or damage".

Trade Practices Act 1974 (Cth) – ss 4K, 82, 87.