Theakstone, Nanette Anne & Anor v Mitabi Pty Ltd [1983] FCA 266

CATCHWORODS

Trade Practices Act 1974 - relief sought under

section 87 for breaches of sections 52 and 53A -

counter-claim for damages for failure to complete -

whether applicants influenced by misleading

conduct.

TRADE PRACTICES ACT 1974 sections 52, 53A, 87

FEDERAL COURT ACT 1976

N.S.W. G. 187 of 1982 NANETTE ANNE THEAKSTONE v. MITABI PTY. LIMITED

N.S.W. G. 188 of 1982 LEE ROSS JENNINGS v. MITABI PTY. LIMITED

St. John, J. Sydney

Monday 17 October, 1983

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

G. 187 of 1982

BETWEEN:

NANETTE ANNE THEAKSTONE Applicant

AND:

MITABI PTY. LIMITED

Respondent

G. 188 of 1982

BETWEEN:

LEE ROSS JENNINGS Applicant

AND:

MITABI PTY. LIMITED

Respondent ORDERS JUDGE MAKING ORDERS: ST. JOHN, J. DATE OF ORDERS: MONDAY 17 OCTOBER 1983 WHERE MADE: AT SYDNEY

THE COURT ORDERS THAT:

12/2

(1)

(2)

(3)

(4)

(5)

Both applications are dismissed.

On the counter-claim by the respondent against the applicant Theakstone, there will be judgment in the sum of twenty-nine thousand six hundred and three dollars and forty-five

cents ($29,603.45).

On the counter-claim by the respondent against the applicant Jennings, there will be

judgment in the sum of twenty-six thousand eight hundred and seventy-two dollars and

twenty cents ($26,872.20).

The applicant Theakstone is to pay the respondent's costs of the application and counter-claim up to the date of hearing

and half the costs of the hearing, including

counsel's fees as for one brief.

The applicant Jennings is to pay the respondent's costs of the application and counter-claim up to the date of hearing

and half the costs of the hearing, including

counsel's fees as for one brief.

+2 -/3

(6) Liberty to the respondent to apply for an order for interest on the judgment should 1t remain unpaid within fourteen (14) days

of today's date.