Griffiths v LMM Holdings Pty Ltd as the Trustee for the Brisbane BMW Unit Trust

Griffiths (the applicant) brought proceedings against LMM Holdings Pty Ltd as the Trustee for the Brisbane BMW Unit Trust (the respondent) concerning representations made regarding the delivery of a motor vehicle. The matter was heard by Judge Jarrett.

The court was required to determine whether the respondent engaged in misleading or deceptive conduct in contravention of consumer protection legislation. Specifically, the court considered whether representations made about the delivery of the motor vehicle were true, and if they related to a future matter, whether there were reasonable grounds for making those representations. Additionally, the court examined whether a pre-contractual representation constituted a term of the contract, and if not, whether reliance on the representation gave rise to an estoppel.

Judge Jarrett found that the representations made by the respondent regarding the delivery of the motor vehicle were not promissory in nature and therefore did not form a term of the contract. The court further held that there was no evidence of reliance by the applicant on these pre-contractual representations, nor did the circumstances give rise to an estoppel. Consequently, the applicant's claims for misleading and deceptive conduct and breach of contract were dismissed.