Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCAFC 151 Citation: Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCAFC 151
Appeal from: Julstar Pty Ltd v Hart Trading Pty Ltd [2013] FCA 1359
Parties: JULSTAR PTY LTD, SEMOLINA PTY LTD (ACN 117 935 570) and JULIANNE STARIHA v HART TRADING PTY LTD, COLLEEN TRACEY HART, FRONTLINE RECRUITMENT GROUP PTY LTD (ACN 078 126 851) and PETER JOHN DAVIS
File number: QUD 25 of 2014
Judges: DOWSETT, RARES AND LOGAN JJ
Date of judgment: 13 November 2014
Catchwords: TRADE PRACTICES – EVIDENCE – whether misleading or deceptive representations made orally or by conduct in relation to purchase of franchise business – where purchaser of franchise operated business for significant time without complaint before alleging misrepresentations – proof of fact requires court to feel actual persuasion of its existence – where trial many years after making of alleged representations and conduct complained of APPEAL AND NEW TRIAL – where significant delay between conclusion of trial and delivery of judgment – limitations of appellate courts in reviewing credibility findings by trial judge
Legislation: Evidence Act 1995 (Cth) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: Abalos v Australian Postal Commission (1990) 171 CLR 167 applied Briginshaw v Briginshaw (1938) 60 CLR 336 applied Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 referred to Campomar Sociedad, Limitada v Nike International Ltd (2000) 202 CLR 45 applied Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 referred to Devries v Australian National Railways Commission (1993) 177 CLR 472 applied Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17 applied Fox v Percy (2003) 214 CLR 118 applied Haros v Linfox Australia Pty Ltd (2012) 287 ALR 507 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357 applied Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 applied Poulet Frais Pty Ltd v The Silver Fox Company Pty Ltd (2005) 220 ALR 211 referred to Watson v Foxman (1995) 49 NSWLR 315 applied
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