TRADE PRACTICES – CORPORATIONS – s 12DA Australian Securities and Investments Commission Act 1989 – s 995 Corporations Law – s 52 Trade Practices Act 1974 – misleading and deceptive conduct by company listed on the Australian Stock Exchange – non-disclosure – where company made announcements to market omitting disclosure of certain known issues relevant to share price of company – information reported to the board by actuaries not disclosed to market – causation – where investor listed investment company
TRADE PRACTICES – CORPORATIONS – meaning of unconscionability under s 12CA Australian Securities and Investments Commission Act 1989 and s 51AA Trade Practices Act 1974 – where company resiled from publicly announced position to enter into scheme to purchase shares
WORDS AND PHRASES – “misleading or deceptive”, “unconscionable conduct”
Tim Castle appeared for the respondent.