Blacker v National Australia Bank Ltd

The appeal in Blacker v National Australia Bank Ltd involved the appellants, Mr and Mrs Blacker, who were seeking relief under the Trade Practices Act for misrepresentations made by the respondent, National Australia Bank Ltd, which induced them to purchase a dairy business. The case was heard by the court of appeal, which needed to determine whether the appeal should be remitted to the primary judge or if the court should make the necessary findings and assess damages. The primary issues before the court included whether the bank contravened s 52(1) of the Trade Practices Act, breached its duty of care to the appellants, and whether the appellants were induced to purchase the dairy business based on the bank's misrepresentations.

The court of appeal held that the appeal must be dismissed. They noted that the bank did not challenge the primary judge's findings that it contravened s 52(1) of the Trade Practices Act, breached its duty of care to the appellants, and that the appellants were induced to purchase the dairy business based on the bank's misrepresentations. However, the court considered that the relief sought by the appellants under s 87(1) of the Trade Practices Act was framed by reference to the proceeds of the exercise of the bank's power of sale under various security instruments, which occurred after the primary judge delivered judgment. The court expressed no view on whether the appellants were entitled to invoke the powers conferred by s 87(1) of the Trade Practices Act, as this issue was not fully debated in the case.

The court ordered that the appeal be dismissed and that the appellants pay the respondent's costs. This decision concluded the appeal process, with the court finding that the bank was not liable for the relief sought by the appellants under the Trade Practices Act.