Able King Investments (Sydney) Pty Limited v Guang

In the matter of Able King Investments (Sydney) Pty Limited versus Guang, the Federal Court of Australia was tasked with determining the outcome of a dispute regarding the provision of services for obtaining permanent resident visas. The plaintiff, Able King Investments, alleged that the defendant, Guang, breached an implied term of the agreement, engaged in misleading conduct, and caused a total failure of consideration. This led to the plaintiff seeking restitution under the Trade Practices Act.

The primary legal issues before the court were whether an implied term existed in the agreement, whether there was misleading conduct, and whether the plaintiff was entitled to restitution due to the total failure of consideration. The court examined the terms of the agreement, the nature of the services provided, and the circumstances surrounding the alleged misleading conduct. The court also considered the applicability of section 52 of the Trade Practices Act in relation to misleading conduct.

The court found that an implied term existed in the agreement, which required the defendant to refund the plaintiff's fees if the visas were not obtained. The court also determined that the defendant engaged in misleading conduct by not disclosing the true status of the visa applications. Furthermore, the court found that the plaintiff was entitled to restitution due to the total failure of consideration. Consequently, the court ordered the defendant to pay the plaintiff the full amount of the fees, plus interest and costs.

The final orders of the court were that the defendant must pay the plaintiff the total sum of $240,000, along with interest and costs. The court also made a declaration that the defendant breached the implied term of the agreement and engaged in misleading conduct.