Misleading and Deceptive Conduct within the Tuggeranong Town Centre case

Tuggeranong Town Centre Pty Limited v Brenda Hungerford Pty Limited (No 2) [2017] ACTSC 88

Earlier this year the Supreme Court of the Australian Capital Territory ruled in favour of a retail landlord (and the previous owner of that shopping centre) against a tenant who had abandoned premises which were the subject of a sublease. The shopping centre in question what the Hyperdome in the Tuggeranong Town Centre and the store was a retail gift and homewares store called "Giving and Living". The store was sold to the defendant in this matter, Benda Hungerford Pty Limited ("BHPL"). BHPL abandoned the premises on 31 January 2008 and the sublessor commenced proceedings for money owed under the sublease. BHPL raised a number of counterclaims, including issues of misrepresentation. While the issues of misrepresentation were only a part of a 1259 paragraph judgment, they provide some insight in to how this area of law is interpreted by the Courts.