Federal Court of Australia
CAT
Ia
HWORDS
TRADE PRACTICES - damages - variation of contract - applicants purchase a water drilling business from the
first respondent - applicants seek damages and a declaration that the contract has been rescinded by
the applicants pursuant to ss. 82 and 87 of the Act based on the respondents' misleading and deceptive representations contrary to s.52 of the Act - principles to apply in
assessing damages.
Trade Practices Act 1974 (Cwlth) ss 52, 82, 87
JAMES ROYCROFT FRITH and BETTY CLARISSA FRITH v. GOLD COAST MINERAL SPRINGS PTY LTD AND ORS
Qld G91 of 1982
FITZGERALD J.
BRISBANE
28 FEBRUARY 1983
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) No. G91 of 1982 GENERAL DIVISION ) BETWEEN:
JAMES ROYCROFT FRITH and BETTY CLARISSA FRITH
Applicants AND: GOLD COAST MINERAL SPRINGS PTY LTD First Respondent AND: PARK AVENUE ENTERPRISES PTY LTD Second Respondent AND: BRIAN PATRICK McDERMOTT Third Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 28 FEBRUARY 1983 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The contract between the applicants and the first respondent dated 4 February 1982, the subject of these proceedings, be varied so as to reduce the purchase price payable by the applicants to the sum thus far received by the first respondent, such variation to have and to have had effect on and from the date of the said contract.
Pros
2.
Any provision in the said contract or in
the supplementary agreement between the applicants and the first respondent dated
26 March 1982 obliging or purporting to oblige the applicants to pay any further sum to the first respondent in addition to moneys thus far received by the first
respondent be declared void ab initio.
The money standing to the credit of an account in the name of the solicitors for the parties with the A.N.Z. Bank be released from the bank by the solicitors for both parties and paid to the solicitors for the applicants on behalf of the applicants.
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