Dovuro Pty Ltd v Wilkins

Dovuro Pty Ltd (the applicant) sought leave to appeal to the High Court of Australia from a decision of the Full Court of the Federal Court of Australia. The dispute concerned the interpretation and application of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)) in relation to alleged misleading or deceptive conduct by the applicant in the sale of a vineyard. The respondent, Mr Wilkins, claimed he was induced to purchase the vineyard by representations made by Dovuro Pty Ltd concerning its profitability and future prospects, which he alleged were false.

The primary legal issue before the High Court was whether the Full Court of the Federal Court had erred in its finding that Dovuro Pty Ltd had engaged in misleading or deceptive conduct in contravention of section 52 of the *Trade Practices Act 1974* (Cth). This involved determining whether the representations made by the applicant were, in fact, misleading or deceptive, and whether they caused loss or damage to the respondent. A further issue concerned the appropriate measure of damages to be awarded.

McHugh J, in chambers, considered the application for leave to appeal. His Honour's reasoning focused on whether the case raised a question of law that warranted the High Court's attention, particularly in relation to the application of established principles of misleading or deceptive conduct and the assessment of damages. The judge ultimately granted leave to appeal, indicating that there were arguable grounds for review of the Full Court's decision.

The outcome of the application was that leave to appeal was granted. This meant the substantive appeal would proceed to be heard by the High Court.