The case highlights the approach recently taken by the Victorian Supreme Court of Appeal when assessing claims under the s.18 of the ACL regarding express representations made within a Building and Construction Contract, and the Courts approach in its assessment of pleadings within a statement of Claim in relation to the representations. This case further highlights the Courts restrictive approach in interpreting contracts that attempt to limit a party's rights under the ACL.
Brighton-Australia-Pty-Ltd-v-Multiplex-Constructions-Pty-Ltd-2018-VSCA-246For a free PDF of this Casewatch, please click the link below:
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