Federal Court of Australia
JUDGMENT No. sum Daan! «Odk.,
CATCHWORDS' Trade Practices - Contract for sale of business - False and misleading statements - Application for damages - Trade Practices
Act 1974 (Cth) s.52.
Contract for sale of business - fraudulent misrepresentation.
MICHAEL ASTON AND ANOR.
Ve
HALKIN INVESTMENTS PTY. LTD. AND ORS.
No. G44 of 1983
Jenkinson J. Brisbane
12 March 1984
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
) ) No. G44 of 1983
)
BETWEEN: MICHAEL ASTON and JUDITH ASTON Applicants AND: HALKIN INVESTMENTS PTY. LTD. First Respondent AND: KENNETH CUNNINGHAM Second Respondent AND: JOHN BEALE Third Respondent CORAM: Jenkinson J. DATE OF ORDER: 10 May, 1984 WHERE MADE: Melbourne ORDER
The Court Orders That:
er
There be judgment for the respondents against the
applicants.
The respondents' costs of the proceeding (including costs
reserved) be paid by the applicants.
Re mA ee
i de a RU et ete ei ee arene at ne
eos
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. G44 of 1983 GENERAL DIVISION }
BETWEEN: MICHAEL ASTON and JUDITH ASTON
Applicants
HALKIN INVESTMENTS PTY. LTD. (ox First Respondent KENNETH CUNNINGHAM CUNNINGHAM
Second Respondent
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AND: JOHN BEALE
Third Respondent
CORAM: Jenkinson J. PLACE: Brisbane DATE: 12 March, 1984
REASONS FOR JUDGMENT
Trial of a proceeding for damages.
The applicants, a married couple in middle age, bought a coffee lounge business conducted in a shop in premises known as 37 Connor Street Burleigh Heads from the first and second respondents. The third respondent controlled the first respondent
at relevant times. The respondents Kenneth Cunningham and John
ee Ee meme eee ere sot eee ene eno ee eo eee ee eee
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Beale represented to the applicants that during the period from 16
August 1982 until 11 November 1982 the receipts of the business
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