Child v Commonwealth Development Bank of Australia Limited S255/2000

The applicant, Child, sought leave to appeal against a decision of the Federal Court of Australia. The respondent was the Commonwealth Development Bank of Australia Limited. The dispute concerned the applicant's claim for damages for alleged breaches of contract and misleading and deceptive conduct.

The primary legal issue before Gummow J was whether the applicant had established an arguable case of error in the Federal Court's decision, which was a prerequisite for granting leave to appeal. This involved considering whether the Federal Court had misapplied or misunderstood the relevant legal principles concerning contract law and the *Trade Practices Act 1974* (Cth).

Gummow J reviewed the material before him and concluded that the applicant had not demonstrated an arguable case of error. His Honour found that the Federal Court's decision was well-reasoned and that the applicant's grounds of appeal lacked sufficient merit to warrant further consideration by the Full Federal Court.

Leave to appeal was therefore refused.