A full bench of the Federal Court of Australia comprising Justices Rares, Burley and Anastasiou JJ (Full Federal Court) has unanimously found in favour of protecting consumers from misleading or deceptive conduct in a judgement delivered today: Wyzenbeek et al v Australasian Marine Imports Pty Ltd (In Liq.) ( FCAFC 167).
In short, S&A Legal’s clients purchased a motor vessel in reliance on misleading and deceptive representations made to them that the vessel was suitable for trans-ocean crossings. The central question raised by the appeal concerned what is the proper analysis as to causation and to the assessment of loss where, but for the wrongdoers misleading and deceptive conduct, the transaction in question would not have occurred.
In finding in favour of S&A's clients, the Full Federal Court overturned the trial Judge’s decision, and awarded the appellants the total expended on the acquisition of the vessel (less her depreciated value at the time of judgement) plus the total of the consequential costs or losses claimed, plus interest.
This is a big win for consumers.
A more detailed analysis of the judgement will follow next week…