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Griffiths v LMM Holdings Pty Ltd [2017] FCA 1212

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CONTRACTS – consideration of the question of whether an agreement for the purchase of a motor vehicle included a term that the vehicle be delivered “by the end of August 2015” – consideration of whether a representation as to the time for delivery was relied upon by the purchaser in purchasing the vehicle – consideration of whether an election on the part of the buyer to terminate the contract constituted a repudiation of the purchase contract – consideration of whether the purchaser discharged the burden of proof in relation to the reliance PRACTICE AND PROCEDURE - consideration of the principles to be applied by an appeal court in undertaking a re hearing – consideration of the principles to be applied in determining challenges to findings of fact – consideration of the observations of the High Court in Robinson Helicopter Company Inc v McDermott (2016) 90 ALJR 679; 331 ALR 550 and especially the observations at [43]

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