SwiftyisthemanagingdirectorofPetroleumPty Ltd,acompanywhichownsapetrolstationin Holbrook,asmallcountrytown.ThepetrolstationfrontstheHumeHighway,whichisthemain highway link between Melbourne and Sydney. Gull is interested in purchasing the petrol station. During the negotiations, Swifty tells Gull that the petrol station is a potential gold mine and that Gull can expect to sell 200,000 litres of petrol a year. Prior to the signing of the contract of sale, Swifty learns that a bypass road has been approved which will have the effect of diverting a considerable amount of traffic from Holbrook. Swifty fails to tell Gullaboutthebypass,althoughGullcouldhavediscoveredthetruesituation bymakingenquiries with the local council.

The contract which Gull signs contain a number of clauses, one of which states:

"Thisdocumentcontainsthewholeagreementbetweentheparties.No representations or statements made by the Vendor company (Petroleum Pty Ltd) are binding.Purchasers should make their own enquiries."

A fewmonthsafterGullhaspurchasedthepetrolstation,thebypassopensandhastheeffectof substantiallyreducingtrafficvolumeinHolbrook.Asaresult, Gull's profits fall byasubstantial amount.

Advise Gull of any rights he may have under the common law and the Australian Consumer Law (including case law decided under its predecessor, the Trade Practices Act 1974).