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LEA Child Care Services v Development Learning Centre Rainbow P/L [2020] VSC 787

CONTRACT, CONSUMER LAW
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Delany J
Parties: 

LEA Child Care Services v Development Learning Centre Rainbow P/L

Judgment Date: 
30 November 2020
Catchwords: 

CONTRACT - Construction - Sale of business agreement - Standard form agreement amended - Occupancy rate of childcare business - Material Adverse Change alleged - Obligation to disclose anticipated drop in occupancy rate after completion - Conditions precedent - Due diligence period - Breach of warranties alleged - Availability of remedies specified in agreement - Claims dismissed.

CONSUMER LAW - Misleading and deceptive conduct - Alleged misrepresentation by silence - Sophisticated parties - Whether reasonable expectation of disclosure - Conduct not misleading in context of contract - Claim for misleading conduct dismissed - Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357, Donne Place Pty Ltd v Conan Pty Ltd [2005] QCA 481 applied - Concrete Construction Group Pty Ltd v Litevale Pty Ltd (2002) 170 FLR 290 cited - Competition and Consumer Act 2010 (Cth), Schedule 2, Australian Consumer Law, s 18.

Citation: