Arcadi, Peter Paul & Anor v Colonial Mutual Life Insurance & Anor [1984] FCA 192

bene et

Trade Practices - representation of present intention by

respondents to grant fresh lease to applicants - purchase of business in reliance - failure to grant fresh lease - allegation

of loss and damage - when cause of action accrued - whether claim

statute barred - applicants' claim not clearly untenable - motion to strike out paragraphs of respondents' defence - defence involving questions of fact as well as law - judgment on

cross-claim by reason of admissions in defence thereto - stay of

execution

Trade Practices Act 1974 ss. 52, 82

Federal Court Rules 0.18 r.4 Property Law Act 1969 (W.A.) ss.34, 36

PETER PAUL ARCADI and DOMENIC STALTARI v. COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED and JOSEPH CHARLES LEARMONTH DUFFY PTY. LTD.

No. WA G6 of 1983

TOOHEY Jd.

PERTH 12 JULY 1984

IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

No. WA G6 of 1983

we ew ene

BETWEEN: PETER PAUL ARCADI and DOMENIC STALTARI

Applicants and

COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED

First Respondent

JOSEPH CHARLES LEARMONTH DUFFY PITY LTD

Second Respondent

Oo R D E R

JUDGE MAKING ORDER H Toohey J. DATE OF ORDER z 12 July 1984 WHERE MADE Perth

THE COURT ORDERS THAT:

The respondents' motion that the applicants'

claim be dismissed be itself dismissed.

The applicants' motion that paragraphs 13 and 14 of the respondents' defence be struck out

be dismissed.

3. There be judgment for the first respondent against the applicants on its cross-claim in

the sum of $8172.97.

4. Execution on the judgment entered for the first respondent against the applicants be

stayed until trial of the application or until

further order.

5. Liberty to the parties to apply as to the costs of the applicants' motion and the

respondents' motion.

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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION