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Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCAFC 151 (13 November 2014)

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http://www.austlii.edu.au/au/cases/cth/FCAFC/2014/151.html

TRADE PRACTICES – EVIDENCE – whether misleading or deceptive representations made orally or by conduct in relation to purchase of franchise business – where purchaser of franchise operated business for significant time without complaint before alleging misrepresentations – proof of fact requires court to feel actual persuasion of its existence – where trial many years after making of alleged representations and conduct complained of

APPEAL AND NEW TRIAL – where significant delay between conclusion of trial and delivery of judgment – limitations of appellate courts in reviewing credibility findings by trial judge


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