Textralian Enterprises Pty Ltd v Perpetual Trustees Victoria Ltd

Textralian Enterprises Pty Ltd (the appellants) appealed to the Supreme Court of New South Wales against a decision of the trial judge who had dismissed their claims against Perpetual Trustees Victoria Ltd (the respondent). The appellants, who were lessees of premises in the Erina Fair Shopping Centre, alleged they were induced to enter into two leases by the respondent's agents. They sought to vary the terms of the second lease under s 87 of the *Trade Practices Act 1974* (Cth) and claimed damages for misrepresentation under s 51A of that Act.

The central legal issues before the Court of Appeal were whether the trial judge erred in finding that the appellants' evidence regarding misrepresentation was unacceptable on the grounds of credit, and whether the appellants should be permitted to adduce fresh evidence on appeal.

The Court of Appeal held that the trial judge did not err in his assessment of the appellants' credit. Furthermore, the Court found that the grounds for admitting fresh evidence on appeal, as stipulated in s 75A(7), (8), and (9) of the *Supreme Court Act 1970* (NSW), had not been met. Consequently, the appeal was dismissed, and the appellants were ordered to pay the respondent's costs.