High Court of Australia

Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60

218 CLR 592; 79 ALJR 308; 212 ALR 357

2 Dec 2004

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.

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