Mister Figgins Pty Ltd Centrepoint Freeholds Pty Ltd [1981] FCA 127

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Trade practices - consumer protection - misleading and deceptive conduct - jurisdiction of court to hear and determine all claims made by applicant - admissibility of similar fact

evidence.

CATCHWORDS

Trade Practices Act 1974, s.52.

MISTER FIGGINS PTY. LTD. v. CENTREPOINT FREEHOLDS PTY. LTD.

Federal Court of Australia V.G. No. 116 of 1980 Coram: Northrop J. Melbourne

25 February 1981.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY ) V.G. No. 116 of 1980 ) )

GENERAL DIVISION

BETWEEN: MISTER FIGGINS PTY. LTD. Applicant and CENTREPOINT FREEHOLDS PTY. LTD. Respondent NORTHROP J. REASONS FOR JUDGMENT 25 FEBRUARY 1981.

By application filed on 29 September 1980 the

applicant claims relief against the respondent under a number

of headings. Included among the claims made are the following: 1. Declarations that specified conduct of the

respondent constituted conduct of the respondent in trade or commerce which was misleading or deceptive or likely to

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

Practices Act 1974 as amended ("the Act"), that specified

representations made on behalf of the respondent contravened

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

behalf of the respondent were made in contravention of s.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