High Court of Australia

Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31

241 CLR 357; 84 ALJR 644; 270 ALR 204

29 Sep 2010

Case Number: M69/2009

Before

French CJ, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

Trade practices – Misleading or deceptive conduct - Non-disclosure - Representation by supply of certificate of insurance and/or non-disclosure of nature of insurance - Whether provision of certificate by insurance broker to experienced premium lender misrepresented cancellability of underlying policy - Whether failure of broker to inform lender in terms that policy was non- cancellable constituted misleading or deceptive conduct.

Appeal – Powers of appellate court - Review of trial judge's findings of fact - Where finding allegedly based on mistaken understanding of agreed fact and inferences arising from it - Whether finding "glaringly improbable" or contrary to "compelling inferences".

Practice and procedure – Filing of submissions - Respondent filed submissions after hearing outside terms of leave granted - Whether permissible to file supplementary written submissions after hearing without leave.

Words and phrases – "misleading or deceptive conduct".

Trade Practices Act 1974 (Cth) – ss 4(2)(a), 4(2)(c)(i), 52.

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