Cash Bazaar Pty Ltd v RAA Consults Pty Ltd (No 2)

Cash Bazaar Pty Ltd and Mr. Patel brought claims against Express Australia, Express Victoria, and various individual respondents for alleged misleading or deceptive conduct and breach of contract. The applicants sought damages and other relief in reliance on representations made by the respondents regarding guaranteed income and capital growth associated with investments in Regional Master Franchises and shares in Express Victoria. The court was required to determine whether the representations were made, whether they were misleading or deceptive, and whether the applicants had relied on them. The court found that no actionable representations were made, and the claims were dismissed. The respondents were entitled to an award of costs.

The court found that the representations regarding guaranteed income and capital growth were not made as alleged. The court held that the representations were not as to future matters within the meaning of the Australian Consumer Law, and the respondents had reasonable grounds for making them. The court also found that the applicants had not relied on the alleged representations. The court held that the claims against the individual respondents were not established because they were not involved in the requisite sense in the representations made to the applicants. The court dismissed the claims and ordered that the proceeding be dismissed against the respondents, that the applicants pay the costs of the proceeding, and that leave be given to make submissions concerning Mr. Roberts.