Mister Figgins Pty Ltd v. Centrepoint Freeholds Pty Ltd [1981] FCA 14

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* — IN THF FEDCRAL COURT OF AUSTRALIA ) } VICTORIA LISTRICL REGISTPY ) V.G. No. 116 of 1980 ) GENERAL DIVLSION ) BELWECN: MISTER FIGGINS PTY, LTD. Applicant and CENTREPOINT FRREHOLDS PTY. LTD. \ Respondent NOKTPROP 3. REASONS FOR JUDGMENT 25 FEBRUARY 1981 .

By application filed on 29 September 1980 the

applicane ciéims rei-¢f against the respondent under a number

of headairas. Incyudjead among the claims made are the following: 1. Declaratsaonse that specified conduct of the

respondent constituted conduct of the respondent in trade ¢r

commerce whic] was misleading or deceptive or likely to

D

mislead or deceive in contravention of s.52(1) Trade

Vas

Pracu'cés mci M74 as amended ("the Act"), that specifica

represei tations made on behalf of the 1resovondent contravened

s.53(aa) of the Act and that specifies statements made on

behalf of the respondent were made in contravention of $.53A

of the Act.

2. Damages under s.82 of the Act for loss and damage suffered by or in consequence of the said conduct, representations and statements with incidental orders of set-off between any damages so awarded and any rent payable by the applicant to the respondent under the terms of deeds

being leases of shops at the Centrepoint Mall at Melbourne.

3. Orders under s.87 of the Act in relation to the

leases of the said shops.

4. A declaration that the applicant is entitled to avoid the leases and for consequential orders under s.87 of the Act and to rescind the leases pursuant to its common law

entitlement and for consequential orders.

5. Damages for breaches of common law.

The application proceeded by way of pleadings and came on for hearing on 16 February 1981. The Statement of Claim as amended pursuant to leave granted on that day, alleged the incorporation of each of the parties and that the respondent waS a trading corporation. Paragraph 2 is set