Federal Court of Australia
GENERAL DIVISION
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. V.G. 41 of 1983
Se
BETWEEN: BRADFORD HOUSE PTY. LTD., GORDON HAROLD POOLE and RICHARD DOWNIE
Appellants
"AND: LEROY FASHION GROUP LIMITED
Respondent
CORRIGENODA
Amendment to the judgment of the Court of 4 August 1983
Page 15 Line 20: For "lease" where second appearing substitute
"lessee",
B. RAMSAY ASSOCIATE TO THE CHIEF JUDGE
CATCHWORDS
Trade Practices - Whether conduct of respondent was misleading
or deceptive - Whether breach of implied term of lease.
Trade Practices Act 1974, ss.52, 53(aa), 53A and 82.
BRADFORD HOUSE PTY. LTD., GORDON HAROLD POOLE and RICHARD
DOWNIE v. LEROY FASHION GROUP LIMITED
Coram: Bowen C.J., Fisher and Lockhart JJ.
4 August 1983
Sydney
o
.
'a
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
~~ ew
No. V.G. 41 of 1983
BETWEEN : BRADFORD HOUSE PTY. LTD., GORDON HAROLD POOLE and RICHARD DOWNIE Appellants AND: LEROY FASHION GROUP LIMITED Respondent ORDER Judges making order: Bowen C.J., Fisher and Lockhart JJ. Where made: Sydney Date: 4 August 1983 THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Bradford House Pty. Ltd., Gordon Harold Poole and Richard
Downie pay to Leroy Fashion Group Limited its costs of
the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No.VG 41 of 1983 ) )
GENERAL DIVISION
BETWEEN : BRADFORD HOUSE PTY. LTD. GORDON HAROLD POOLE and RICHARD DOWNIE
Appellants
AND: LEROY FASHION GROUP LIMITED
Respondent
CORAM: Bowen C.J., Fisher and Lockhart JJ.
4 August 1983
REASONS FOR JUDGMENT
THE COURT: This is an appeal from a judgment of Smithers J. sitting as a single Judge of this Court in which he dismissed
the claim of the appellants for damages pursuant to s.82 of the Trade Practices Act 1974 ("the Act") and at common law.
There is no appeal against the judgment of the learned trial Judge for the respondent on the cross-claim or his dismissal
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