For years Dudley Quinlivan has been under heavy scrutiny in direct relation to property marketeering, in particular by the Australian Competition and Consumer Commission “ACCC”. However on appeal to the full Court of the Federal Court of Australia, the judge’s ruling was in awarding with Dudley Quinlivan and against Australian Competition and Consumer Commission “ACCC”.
As advised below, the general effect of the decision of the full Court of the Federal Court of Australia on Dudley Quinlivan’s appeal can be summarised as follows:
I. The Court upheld the trial judge’s decision that there was no evidence supporting a finding that the properties were sold at substantially over value.
II. The extent of findings that Dudley Quinlivan was involved in the making of representations as to capital growth the Court held that the REIQ figures prepared by Anne Tam for the period between 1974/5 and 1994/5 demonstrated an average annual capital growth over twenty years of 10.3% and that the Court was not satisfied on the balance of probability that Dudley Quinlivan knew that the REIQ figures were other than a reasonable basis for the representation made as to future growth rates.
III. The ACCC was unsuccessful against Dudley Quinlivan and was ordered to pay Dudley Quinlivan’s costs of the proceedings and the appeals.
Visit “DudleyQuinlivan.com”
For more information, contact Jonathan Ede – jonathan@rabeck.net
