P.J. Berry Estates Pty Ltd v Mangalore Homestead Pty Ltd & Ors [1984] FCA 295

CATCHWORDS

Trade Practices - agreement for sale and purchase of business - whether representations were in contravention of s.52 - whether second and third respondents were persons involved in the contravention within the meaning of s.75B - whether

agreement should be declared void ab initio

Trade Practices Act 1974: 68.52; 75B;: and 87

P.J. BERRY ESTATES PTY. LTD. v MANGALORE HOMESTEAD PTY. LTD.

and ORS VG246 of 1983

Sweeney J. 3 August 1984

Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG246 of 1983 ) )

GENERAL DIVISION

BETWEEN: P.J. BERRY ESTATES PTY. LTD. Applicant and

MANGALORE HOMESTEAD PTY. LTD.,

MacROBERT GRANT ANGUS and

DIANNE ANGUS Respondents

ORDER

JUDGE MAKING ORDER Sweeney J.

DATE OF ORDER 3 August 1984

WHERE MADE Melbourne

THE COURT ORDERS AND DECLARES THAT:

1. Tantallon has, in trade or commerce, engaged in conduct that was misleading or deceptive in

contravention of s.52(1) of the Act.

2. Mr Angus was involved in that contravention, within

the meaning of the Act.

The agreement dated 8 August, 1983 between the

applicant and the respondents is declared to have

been void ab initio.

The cross-claim of the respondents 1s dismissed.

The costs of the application of and incidental to the application, including any reserved costs, are

to be paid by Tantallon and by Mr Angus.

The costs of the applicant of and incidental to the cross-claim, including any reserved costs, are to be

paid by Tantallon and by Mr and Mrs Angus.

The applicant should bring in short minutes of orders by 13 August, including such consequential orders as it submits should be made, whether relating to the taking of accounts or of any other

steps.

The case will be listed on 20 August, when the

parties will be heard in respect of these minutes. IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 246 of 1983 ) GENERAL DIVISION )