Quickfund (Australia) Pty Ltd ACN 116 768 711 and Airmark Consolidators Pty LTDFirst and Mark Gonsalves

The Full Court of the Federal Court of Australia heard an appeal concerning a dispute between Quickfund (Australia) Pty Ltd, Airmark Consolidators Pty Ltd, and Mark Gonsalves. The underlying dispute involved allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)).

The primary legal issues before the Full Court were whether the primary judge had erred in finding that Quickfund had engaged in misleading or deceptive conduct, and whether the primary judge had correctly assessed the damages awarded to Airmark and Mr Gonsalves. Specifically, the court considered the nature of the representations made by Quickfund and whether they were misleading in the circumstances.

Kiefel and Bell JJ analysed the evidence presented at trial, focusing on the representations made by Quickfund regarding the profitability and security of an investment. The court applied the established principles for determining misleading or deceptive conduct, considering whether the representations were likely to mislead a reasonable person in the position of the applicants. The court also reviewed the primary judge's assessment of damages, considering whether the quantum awarded was appropriate and supported by the evidence. The Full Court ultimately upheld the primary judge's findings on misleading and deceptive conduct and the assessment of damages.