TFAC Limited, Geoffrey Alan Grisdale and Amanda May Grisdale v Susan Elizabeth David and UAR Limited - SC 26/2009

Civil – Fair Trading Act 1986 – Australian home services franchising operation – Applicants entered into a master franchise agreement covering Auckland’s eastern suburbs with the respondents, who owned the New Zealand master franchise – Whether the Court of Appeal erred in fact and law in its finding that the respondents did not engage in misleading and deceptive conduct in breach of s 9 of the Act – Whether the Court of Appeal erred in overlooking the High Court’s finding that the respondents had breached s 22(1) and (2) of the Act – Whether the Court of Appeal erred in treating a particular pleaded misrepresentation as a misrepresentation as to a future matter – Whether the Court of Appeal erred in finding that a particular opinion was honestly held by the first respondent and had a reasonable basis – Whether the Court of Appeal erred in its finding that even if the respondents had engaged in misleading and deceptive conduct the causal link necessary to justify relief under s 43 of the Act was doubtful – Whether the Court of Appeal erred in its finding that the respondents were protected from liability by various disclaimer and acknowledgement clauses.[2009] NZCA 44 CA 26/2008