Bahonko v Sterjov & Ors

The applicants, Bahonko, sought to appeal a decision of the Full Court of the Federal Court of Australia concerning a dispute over the ownership of certain shares. The respondents were Sterjov and others. The core of the dispute involved allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)) and the common law tort of deceit, in relation to the acquisition of these shares.

The primary legal issues before the High Court were whether the Full Court of the Federal Court had erred in its findings regarding the alleged contraventions of the *Trade Practices Act* and the tort of deceit. Specifically, the court had to consider whether the representations made by the respondents were misleading or deceptive, and whether the applicants had relied on these representations to their detriment when purchasing the shares. The question of whether the applicants had established the necessary elements for deceit, including fraudulent intent, was also central.

The High Court ultimately dismissed the appeal. Their Honours found that the Full Court had correctly applied the relevant legal principles in assessing the evidence. The court determined that the representations made were not established as misleading or deceptive in the manner alleged by the applicants, nor was the tort of deceit made out. The reasoning focused on the lack of sufficient evidence to prove the applicants' claims regarding the nature of the representations and the applicants' reliance upon them.