F & A Capelvenere v Omega Developments Corporation Pty Ltd & Ors [1983] FCA 195

CATCHWORDS

TRADE PRACTICES - investment by applicants in property

development - alleged statements in contravention of

$.52 Trade Practices Act - inducement to enter into the

Deed - statements accurately reflected the then intention

of those by whom or on whose behalf they were made -

failure to inform applicants of new arrangements "sufficiently, accurately, or at all" - whether loss or damage claimed was

suffered by the contravention.

CONTRACT ~ damages for breach of the Deed - whether "interest foregone" recoverable as damages ~- jurisdiction of Federal

Court - notices pursuant to s.78B Judiciary Act.

Trade Practices Act, ss. 52, 82

Judiciary Act, s.78B

F.& A. CAPELVENERE v. OMEGA DEVELOPMENTS CORPORATION PTY LTD AND ORS

FITZGERALD J. BRISBANE 16 AUGUST 1983

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) No. G119 of 1982 GENERAL DIVISION ) BETWEEN:

FERDINANDO CAPELVENERE AND ANNELIS CAPELVENERE

Applicants AND: OMEGA DEVELOPMENT CORPORATION PTY LTD First Respondent AND: GRACEVIEW INVESTMENTS PTY LTD Second Respondent AND: LEONARD DUDLEY COWPER Third Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 16 AUGUST 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Judgment for the applicants against the first respondent for -

a. $277,758.00; and

b. the costs of the action including reserved costs, 1f any, to be taxed.

2. The applicants' claim against the second and third respondents is dismissed with no order as to costs.

L

IN THE FEDERAL COURT OF AUSTRALIA)

QUEENSLAND DISTRICT REGISTRY ) NO. G119 OF 1982 GENERAL DIVISTON ) BETWEEN :

FERDINANDO CAPELVENERE AND ANNELIS CAPELVENERE

Applicants

OMEGA DEVELOPMENT CORPORATION Pry LTD

First Respondent AND:

GRACEVIEW INVESTMENTS PTY LTD Second Respondent

AND: LEONARD DUDLEY COWPER

Third Respondent

PITZGERALD J. 16 AUGUST 1983 REASONS FOR JUDGMENT