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Crescent Capital Partners Management Pty Limited v Crescent Funds Management (Aust) Limited [2016] FCA 229

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TRADE PRACTICES – misleading and deceptive conduct claims brought under Australian Consumer Law and Australian Securities and Investments Commission Act 2001 (Cth) – companies engaged in financial services industry – whether contravening conduct established – whether business names, domain names and business activities sufficiently similar to be confusing and causative of contravening conduct – whether financial services market susceptible to division on basis of asset classes – whether financial services market susceptible to division on basis of investor characteristics – whether distinction between sophisticated investors and other investors relevant – whether distinction between retail and wholesale investors relevant. TRADE PRACTICES – claims of accessorial liability for misleading and deceptive conduct of others – whether respondents could be said to have participated with requisite knowledge in contravening conduct

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