FINANCIAL PRODUCTS - misleading or deceptive conduct concerning the terms of complying investments of at least $5 million as required to be made by applicants pursuant to the Significant Investor Visa Program- ss 12 DA and 12DB of the ASIC Act and 1041H of the Corporations Act- trial of three separate claims- oral and written representations relied on.
MISLEADING OR DECEPTIVE CONDUCT - whether oral representations as contended were made- whether written representations were made in context of documents provided in English to applicants fluent only in Mandarin- whether conduct was in any event misleading or likely to mislead or deceive-relevance of ability of applicants to have documents translated and or to take independent financial advice before making financial investments-whether core claims that complying investments could be redeemed after four years made out.
STATUTORY UNCONSCIONABLE CONDUCT - s 12CB ASIC Act - whether respondents engaged in unconscionable conduct in providing Information Memoranda for financial products only in English to a Mandarin speaking class of prospective applicants - whether applicants were vulnerable - whether unconscientious advantage taken - relevance of ability of applicants to obtain translations.
CAUSATION - whether applicants relied on misleading conduct as alleged-whether reliance on conduct is a necessary element-distinction between direct and indirect causation-whether causation is established in circumstances where applicants at the time made alternative complying investments with similar risks.
DAMAGES - whether failure of applicants to establish that investments as made have no current value precludes alternative claims raised at a late stage -methodology for calculation of damages when redemption of investments is delayed - whether refund orders may have been made pursuant to s 12GM of the ASIC Act.
CONTRIBUTORY NEGLIGENCE - whether if claims had otherwise succeeded, any amount of damages should be reduced on account of any failure by the applicants to take reasonable care.
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