Federal Court of Australia
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CATCLYIORDS: Teade Practices - misleading and deceptive conduct - assumption by all parties as to fitness of premises as to slrength of concrete floor - premises offered for use as
warehouse - absence of misleading element in defendant's
conduct - effect of silence of lessor. Landlord and tenant ~ warehouse - term of lease - obligation on lessee to carry on a particular hustness - poasible
implication of warcanty of fitness foc that purpose evcluded
by other terms of lease.
Trade Practices Act 1974 ss.52, 53(aa), 53A.
BRADFORD HOUSE PTY. LTD., GORDON HAROLD POOLE AND RICHARD
DOWNIE v. LEROY PASHION GROUP LIMITED
LEROY PASHTON GROUP LIMITED v. BRADFORD NOUSE PTY. LTD.,
GORDON HAROLD POOLE and RICHARD DOWIE
LEROY TASHION GROUP LIMITED v. McGEE O'CALLAGHAN, GILL & Co.
PTY. WED.
VG No. 7& of 1982
Smithers J.
4 March 3983
Melbourne.
ee a rd tee mer a ses coon e oe ee a et tee ee -
ren
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT PEGTSTRY
GENERAL DIVISTON
Judge Making Order:
Dale of Order:
Where Made:
JP Crem ee meee nance oe paper
Teen mere ones
Between:
VG No. 78 of 1982
BRAPFORD HOUSE PTY. LTD.,
Smithers J.
4 March 1983
Melbourne.
And:
GORDON HAROLP POOLE and RICHARD DOWNIK
(Applicants)
LEROY FASIMTON GROUP
And:
And:
LIMITED
(Respondent }
LEROY FASHION GROUP LIMITED
(Cross-claimant)
BRADFORD NOUS" Pry. Tb. ,
And:
GORDON FAROLD PAGLE and RICHARD DOWNIE
(Cross-respondents)
LEROY FASHTOW GROUP
And:
LIMTTED
(Cross-claimant)
McGEE O'CALLAGIAN, GILL &
CO. PTY. LTD.
(Cross-respondent)
ORDER
THE COURT ORDERS TIJAT:
The application be dismissed.
There be judgment for the respondent on the cross-claim
an the sum of $29,400.00
The applicant pay the respondent's costs of the
application and the cross-claim.
The cross-action hy the respondent against the
'cross-respondent be dismissed and the costs thereof be
reserved.
IN THE FUDRRAL COURT OF AUSTRALTA
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