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Chowder Bay Pty Ltd v Paganin [2018] FCAFC 25

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CONSUMER LAW - whether the primary judge erred in rejecting a claim that the respondents engaged in misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) - where appellants invested in a joint venture financed by a loan facility - whether valuations prepared by the third and fourth respondents for the bank providing the facility were misleading or deceptive on the basis pleaded CONSUMER LAW - whether the primary judge erred in finding that the appellants did not suffer loss or damage pursuant to s 82 of the Trade Practice Act 1974 (Cth) - contention as to whether appellants would have been entitled to recover a proportion of legal costs incurred in related proceedings as found by the primary judge EVIDENCE - whether the primary judge erred in finding that there was a failure by the appellants to prove that the bank relied on representations made as to value contained in valuations - where no bank witnesses were called in the appellants' case but business records were tendered without objection and subject to no limitation

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