Federal Court of Australia
CATCHWORDS
Trade Practices - consumer protection - agreement to purchase business - representations made to purchaser as to turnover and profit margin and as to firm orders for future work - whether
such representations were in breach of s.52 of the Trade
Practices Act - whether such representations induced purchaser
to enter into agreement - damages ~ appropriate test fcr assessment of
damages - whether trial Judge's award of damages was excessive. Trade Practices Act 1974 ss. 52 and 82.
GOLD COAST MINERAL SPRINGS PTY. LTD., PARK AVENUE ENTERPRISES PTY. LTD., BRIAN PATRICK McDERMOTT v. JAMES ROYCROFT FRITH
and BETTY CLARISSA FRITH
Coram: Lockhart, Morling and Neaves JJ
2 September 1983
Sydney
a
oe oo \
IN THE FEDERAL COURT OF AUSTRALIA ) )
QUEENSLAND DISTRICT REGISTRY ) No. G22 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF ' THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
GOLD COAST MINERAL SPRINGS
First Appellant
' PARK AVENUE ENTERPRISES PTY. LTD.
1 Second Appellant
BRIAN PATRICK McDaRMOTT
Third Appellant
AND:
JAMES ROYCROFT FRITH and BETTY CLARISSA FRITH
Respondents
' CORAM: Lockhart, Morling and Neaves JJ
DATE: 2 September 1983
ORDERS
The orders of the Court are that:
1. The appeal be dismissed.
2. The appellants pay the respondents' costs of the appeal.
Zowom
IN THE FEDERAL COURT OF AUSTRALIA )}
QUEENSLAND DISTRICT REGISTRY } No. G22 of 1983 GENERAL _ DIVISION )
~
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN :
GOLD COAST MINERAL SPRINGS Pry. LTD.
First Appellant
PARK AVENUE ENTERPRISES PTY. LTD.
Second Appellant BRIAN PATRICK McDERMOTT
Third Appellant AND:
JAMES ROYCROFT FRITH and BETTY CLARISSA FRITH
Respondents
CORAM: Lockhart, Morling and Neaves Jd. DATE: 2 September 1983 REASONS FOR JUDGMENT
THE COURT: This is an appeal from a judgment of the Court - constituted by a single Judge (Fitzgerald J.) in proceedings commenced by James Roycroft Frith and Betty Clarissa Frith ("the respondents")
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