Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Consumer Protection - misleading and deceptive conduct - sale of a business ~- misrepresentations as to turnover - alleged affirmation of contract - proper measure of damages and
assessment thereof.
TRADE PRACTICES ACT 1974 ss.52, 59(2) and 82.
MILES RICHARD YORKE and SUE ELIZABETH YORKE
- and -
ROSS LUCAS PTY. LTD. and ROSS MELVILLE LUCAS and TREASUREWAY STORES PTY. LTD. and KEVIN THOMAS MAHONEY
No. G.38 of 1981
Fisher J. Adelaide
16 September 1982
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G.38 of 1981
) GENERAL DIVISION )
BETWEEN:
MILES RICHARD YORKE and SUE ELIZABETH YORKE
Applicants - and -
ROSS LUCAS PTY. LTD. and
ROSS MELVILLE LUCAS' and TREASUREWAY STORES PTY. LTD. and KEVIN TROMAS MAHONEY
Respondents
ORDERS
JUDGE MAKING ORDERS: FISHER J. WHERE MADE: Adelaide DATE: 16 September 1982
THE COURT ORDERS THAT:
1. There be judgment for Miles Richard Yorke and Sue Elizabeth Yorke in the sum of seventy three thousand dollars ($73,000) against the respondents Ross Lucas Pty. Ltd, and Treasureway Stores Pty. Ltd.
2. Execution on the judgment against the respondent Ross Lucas
Pty. Ltd. stayed until further order,
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. G.38 of 1981
—eSwe wr wm
GENERAL DIVISION
BETWEEN:
MILES RICHARD YORKE and SUE ELIZABETH YORKE
Applicants ~ and -
ROSS LUCAS PTY. LTD. and
ROSS MELVILLE LUCAS and TREASUREWAY STORES PTY. LTD. and KEVIN THOMAS MAHONEY
Respondents
FISHER J.
REASONS FOR JUDGMENT
In these proceedings the applicants claim pursuant to s.82
of the Trade Practices Act 1974 ("the Act") the amount of the loss or
damage which they have suffered by the conduct of the respondents done in contravention of the provisions of s.52 and s.59(2) of
the Act.
The alleged contraventions arise out of the sale by the third respondent Treasureway Stores Pty. Limited ("Treasureway") of a business to the applicants through the agency of the first respondent Ross Lucas Pty. Limited. The second respondent Ross Melville Lucas ("Mr. Lucas") and the fourth respondent Kevin Thomas Mahoney
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