TRADE PRACTICES – Misleading or deceptive conduct – Sale of goods – Representations –Reliance – Oral representations as to suitability of seeds – Whether representations made – Whether relied on – Findings of fact – No error – Appeal dismissed – Trade Practices Act 1974 (Cth) ss 52, 53(c).

DISCOVERY – Where a plaintiff seeks discovery of documents in respect of potential lifetime transactions of the deceased – Grounds for discovery in a family provision application – Whether special circumstances required to be shown – Dinakis & Zurcas v Zurcas & Ors [2013] VSC 79 applied – Application refused.

FAMILY PROVISION — Where deceased bequeathed a one-hundredth share of estate to his adult daughter — No dispute by defendant that provision for adult daughter fails to satisfy deceased’s moral duty to plaintiff — Where quantum in dispute — Plaintiff’s need — Insufficient evidence to determine plaintiff’s financial circumstances — Administration and Probate Act 1958 (Vic) ss 90, 91.

FAMILY PROVISION – Application for further provision by adult daughter of deceased – Where moral obligation to plaintiff conceded – Deceased bequeathed legacy of $50,000 to plaintiff – Residuary estate left to defendant – Whether deceased satisfied his moral obligation to the plaintiff – Whether further provision to the plaintiff appropriate – Relief sought in the form of a Crisp order – Administration and Probate Act 1958 (Vic) ss 91, 91A.