Bassi & K.D. Sales Force Specialists Pty Ltd & Maas

The Full Federal Court heard an appeal concerning a dispute between Bassi, K.D. Sales Force Specialists Pty Ltd, and Maas. The core of the disagreement involved allegations of misleading and deceptive conduct and breaches of contract, specifically relating to the sale of a business and associated intellectual property. The appeal sought to overturn an earlier decision of a single judge.

The primary legal issues before the Full Federal Court were whether the primary judge had erred in finding that there had been misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)), and whether the findings regarding breaches of contract were justified. The court was required to consider the nature of the representations made, their impact on the purchasers, and the contractual obligations of the parties.

The Full Federal Court analysed the evidence presented at trial, focusing on the representations made by the vendor regarding the business's profitability and the value of its intellectual property. The court applied established principles of misleading and deceptive conduct, considering whether the representations were factually false or likely to mislead, and whether they caused loss to the purchasers. The court also examined the terms of the sale agreement to determine if any contractual breaches had occurred. The Full Federal Court ultimately upheld the primary judge's findings on misleading and deceptive conduct and contractual breaches, finding no error in the application of legal principles or the assessment of evidence.