Mikkelsen v Li [No 2]
Court of Appeal
Ferguson CJ, Beach and McLeish JJA
26/10/2023
[2023] VSCA 255
Australian Consumer Law — Misleading or deceptive conduct — Misrepresentations — Loss and damage — Causation — Share sale agreement — Claim against sellers — Whether apportionment of damage for contributory negligence available — Statutory basis for claim — Whether claim brought under the Australian Consumer Law as applied by federal law or by state law — Australian Consumer Law and Fair Trading Act 2012 (Vic) — Competition and Consumer Act 2010 (Cth), ss 131A, 137B
Negligence — Negligent misstatement — Loss and damage — Causation — Contributory negligence — Share sale — Misrepresentations by seller regarding net profit of business — Whether failure to conduct due diligence or obtain advice caused buyers’ loss and damage
Practice and procedure — Pleadings — Negligent misstatement — Contributory negligence — Whether claim for contributory negligence raised on pleadings
Read the judgment here.