Federal Court of Australia
\n
CATCHWORDS
TRADE PRACTICES - Misleading and deceptive conduct
representations made in course of negotiations for
agreement for lease.
Trade Practices Act 1974, s.52
MANIERO PTY LTD v. EL BARADOR HOLDINGS PTY LTD
Qld No. G26 of 1981
FITZGERALD J.
BRISBANE
16 JULY 1982
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld No. G26 of 1982 GENERAL DIVISION )
BETWEEN:
MANIERO PTY LTD
Applicant AND: EL BARADOR HOLDINGS PTY LTD Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: FRIDAY 16 JULY 1982 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application is dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) Qid No. G26 of 1981 GENERAL DIVISION ) BETWEEN:
MANIERO PTY LTD Applicant
EL BARADOR HOLDINGS PTY LTD
Respondent FITZGERALD J. 16 JULY 1982 REASONS FOR JUDGMENT
The applicant, Maniero Pty Ltd., claims against the respondent, El Barador Holdings Pty Ltd., for
- damages for breach of s.52 of the Trade Practices Act
1974. A claim for damages for breach of s.53 of
the Act was not pursued. The substance of the applicant's
claim is that, as a result of certain statements made by
one Peter Hansen, the Manager of the respondent, the
applicant entered into an agreement to lease from the
respondent suites 5 and 6 in a building which the respondent ~ owned situated at 150 Bundall Road, Bundall, Surfers
Paradise, paid rental, and outlaid other sums. In the
end, the amount of the applicant's loss was not seriously
in dispute.
2. Particulars of the conduct said to be misleading or deceptive or likely to mislead or deceive, as
finally amended, are as follows:
(i) On or about the nineteenth day of March 1981 at 150 Bundall Road, Bundall, Surfers Pradise
in the State of Queensland, the said PETER HANSON stated to NOEL REX ROBE, a director of the Plaintiff, that certain persons whose names appeared on a list shown by Peter Hanson to Noel Rex Robe wanted to take leases of parts of
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate