Federal Court of Australia
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é \ 2 =, 4 x ' * CATCHWORDS a ee ae t é ' Trade Practices - lease of shop in shopping mall - misleading or
deceptive conduct - conduct likely to mislead or deceive ~ false statement - fraudulent misrepresentation - breach of warranty ~
negligence.
Trade Peactices Act 1974 - ss. 52, 53, 53A, Part V Division 1,
ss. 82, 87, Part VI. Judiciary Act 1903 - s.79
Loca] Government Act 1958 (Victoria)
Uniform Building Regulations 1974 (Victoria)
T. N. LUCAS PTY. LTD. v. CENTREPOINT FREEHOLDS PTY. LTD.
No. VG 188 of 1981
Jenkinson Jd.
Melbourne
3 February, 1984
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IN THE FEDERAL COURT OF AUSTRALIA VICTORIAN DISTRICT REGISTRY GENERAL DIVISION
No. VG 188 of 1981
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BETWEEN: T. N. LUCAS PTY. LTD.
Applicant
AND: CENTREPOINT FREEROLDS Pty. LTD. Respondent CORAM: Jenkinson J. PLACE: Melbourne DATE: 3 February, 1984
REASONS FOR JUDGMENT
1. Trial of a proceeding for damages.
2. Ttoolis Neophytou Lucas is a pastry-cook, born in Cyprus 56 years ago, who settled here in 1949. He worked as an hotel waiter, bought and conducted and then sold a suburban milk bar. In 1954 he bought a business in North Balwyn : cake shop and bakery, with a dwelling upstairs. The price he paid fell a little short of $7,000. He sold the business in 1971 for $40,000. In
the yéar before sale the assets of Mr. Lucas and his wife, other than the assets of the business, exceeded their liabilities by
more than $100,000. The surplus had been achieved by employing
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the profits of the business in the acquisation of real property. Mr. and Mrs. Lucas had also discharged out of those profits the expenses of rearing, and educating at private schools, their four children. In 1974 Mr. Lucas bought a similar business at "the Doncaster Shopping Town" for $8,000. He sold the business in November 1977 for $45,000. Mr. Lucas learnt the pastry and bakery erafts from tradesmen he employed at North Balwyn. All the stock
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