Ripani v Century Legend Pty Ltd (No 3)

The case of Ripani v Century Legend Pty Ltd (No 3) involved a dispute between the Ripanis and Century Legend Pty Ltd, a property developer, over the sale of an apartment. The matter was heard in the Federal Court of Australia. The primary issue before the court was the scope of a new trial that had been ordered by the Full Court, which found that the primary judge had erred in rejecting evidence of a witness. The Full Court allowed the appeal and ordered a new trial, limited to specific issues related to whether the applicants continued to rely on the respondent's misleading and deceptive conduct and, if so, the relief that should be granted.

The Full Court determined that the new trial should be confined to the question of whether the applicants continued to rely on the misleading or deceptive conduct by the respondent within a specified period. This decision was made after the Full Court held that the primary judge had erred in rejecting the evidence of a witness. The court also needed to determine whether the new trial's ambit extended to the issue of whether the representations were expunged by the date the contract of sale became binding. Ultimately, the Full Court limited the scope of the new trial to two specific issues.

The court held that the new trial ordered by the Full Court should be limited to determining whether the applicants continued to rely on the respondent's misleading and deceptive conduct within the specified period and, if resolved in their favour, the relief that should be granted. The Full Court also clarified that the scope of the new trial did not extend to the issue of whether the representations were expunged by the date the contract of sale became binding. The final orders were that the new trial would be limited to the two specified issues and entry of orders would be dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011.