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Chowder Bay Pty Ltd v Paganin [2017] FCA 332

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CONSUMER LAW - whether respondents engaged in misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) - where applicants invested in joint venture for development of a resort pursuant to syndicate agreements - joint venture debt to be repaid from sale of villas comprising the resort - whether first and second respondents were involved or engaged in misleading or deceptive conduct as directors of companies - companies applied to bank for a loan facility to finance the development - securities given by applicants to bank in respect of loan facility - whether valuations prepared by the third and fourth respondents for bank were misleading or deceptive CONSUMER LAW - whether applicants suffered loss or damage pursuant to s 82 of the Trade Practice Act 1974 (Cth) - applicants claim bank relied on valuations in providing financing for resort development - whether such reliance caused applicants to suffer loss - whether applicants entitled to damages for loss of opportunity to have development property sold - whether applicants entitled to recover legal costs incurred in related proceedings - whether related proceedings commenced as "defensive proceedings"

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