Corporate and M&A

Contact: Tony Stumm, Partner; Carter Newell (Queensland, Australia)

Misrepresentations in the course of concluding real estate contracts continue to be a source of litigation as disgruntled buyers rely on their rights to sue for termination or damages based on misleading and deceptive conduct under the Australian Competition and Consumer Act 2010 (Cth) (ACC Act). 

This article examines a recent instance where disgruntled buyers were unsuccessful in a claim and the underlying circumstances. The case of Lewis v Orchid Avenue Pty Ltd [2014] FCA 739 (Judgment delivered: 11 July 2014) gives an insight into the claims made and highlights that the consumer does not always win.

To read the full article, click here or visit www.carternewell.com