FEDERAL COURT OF AUSTRALIA
Lloyd v Belconnen Lakeview Pty Ltd [2019] FCA 2177
File numbers: NSD 1417 of 2017
NSD 1555 of 2018Judge: LEE J Date of judgment: 20 December 2019 Catchwords: CONTRACT – money had and received – failure of consideration and mistake – contract between vendors and purchasers – price included an amount payable referable to GST – GST component a distinct part of consideration paid by purchasers – vendors not liable to pay GST – purchasers sought repayment of money as a result of failure of consideration and mistake – whether vendors had title to retain the money in whole or part – whether failure a distinct and severable part of the consideration
RESTITUTION – recovery – unjust enrichment – relevance of contract – whether vendors had a duty to make restitution to the purchasers in whole or part –whether defence applies to obligation to repay in whole or partTAXATION AND REVENUE LAW – A NewTax System (Goods and Services Tax) Act 1999 (Cth) – consequences of decision in Federal Commissioner of Taxation v Gloxinia Investments Ltd [2010] FCAFC 46; (2010) 183 FCR 420 – operation of transitional arrangements and sale of residential premises by developers an input taxed supply
REPRESENTATIVE PROCEEDINGS – representative proceedings – complex class action – Merck orders concerning initial trial – adjudication of individual claims, common issues and ‘issues of commonality’
TRADE PRACTICES – consumer protection – misleading and deceptive conduct and unconscionable conduct –– whether respondents’ conduct towards applicants amounted to contravening conductTRADE PRACTICES – consumer protection – whether respondents’ conduct unconscionable
DAMAGES – measure of damages – respondent a willing vendor – if properly informed an applicant would have sought reduction in purchase price for unit – causation – loss of a chance – standard of proof – calculation of loss
Legislation: Australian Consumer Law ss 18, 21
Australian Securities and Investments Commission Act 2001 (Cth) s 12CB
A New Tax System (Goods and Services Tax) Act 1999 (Cth) ss 9-5, 9-10, 9-70, 11-5, 19-10(1)(c), 29-70, 38-325, 75-5, 75-10, 75-20, 75-30
Civil Law (Sale of Residential Property) Act 2003 (ACT)
Competition and Consumer Act 2010 (Cth) Pt XI
Constitution s 90
Evidence Act 1995 (Cth) s 136
Federal Court of Australia Act 1976 (Cth) ss 33ZB
Land Titles Act 1925 (ACT) s 48
Tax Laws Amendment (2011 Measures No. 9) Act 2012 (Cth)
Trade Practices Act1974 (Cth)
Cases cited:
A & A Property Developers Pty Ltd v MCCA Asset Management Ltd [2017] VSCA 365
Abigroup Contractors Pty Ltd v Sydney Catchment Authority (No 3) [2006] NSWCA 282; (2006) 67 NSWLR 341
ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65; (2014) 224 FCR 1
Australia and New Zealand Banking Group Limited v Westpac Banking Corporation (1988) 164 CLR 662
Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd [2001] FCA 1800; (2001) 115 FCR 442
Australian Financial Services and Leasing Pty Limited v Hills Industries Limited [2014]…
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- Case
- [2019] FCA 2177
- Decision Date
CaseChat Overview and Summary
The court found that the GST component was a distinct part of the consideration paid by the purchasers and that the vendors were not liable to pay GST. The court held that the purchasers were not entitled to restitution in equity as the vendors had a contractual obligation to use the margin scheme, which they had breached, but the breach did not sound in restitution. The court also found that the respondents' conduct towards the applicants did not amount to contravening conduct under the Australian Consumer Law.
The court awarded Mrs Lloyd statutory compensation in an amount calculated as explained above together with interest from the date of settlement. The court found that Mrs Lloyd had established an entitlement to statutory compensation for the loss of opportunity to negotiate the sale price, but not for the loss of opportunity to walk away from the contract. The court also found that the vendors did not engage in unconscionable conduct in equity or in contravention of ss 20 or 21 of the ACL in relation to Mrs Lloyd.
The court ordered that by 3pm on 24 December 2019 the parties are to provide to the Associate to Justice Lee agreed or competing Short Minutes of Order which provide a timetable for the exchange of further evidence in relation to the case of the first and second applicants and further submissions and proposed orders, including orders pursuant to s 33ZB of the Federal Court of Australia Act 1976 (Cth).
Orders
Orders of the court
1. By 3pm on 24 December 2019 the parties are to provide to the Associate to Justice Lee agreed or competing Short Minutes of Order which provide a timetable for the exchange of further evidence in relation to the case of the first and second applicants and further submissions and proposed orders, including orders pursuant to s 33ZB of the Federal Court of Australia Act 1976 (Cth).
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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