Federal Court of Australia
~ oF Voor 409
CATCHWORDS TRADE PRACTICES - misleading and deceptive conduct - sale of business - representations as to takings and profit - heads of
damage - mitigation.
Trade Practices Act 1974 ss.52, 82 and 87
FUN re Fea \ MICHAEL CORBIDGE and THE BAKERY FUN FACTORY Pee=ppp', ' LES SCHEFFER and RODNEY MORLEY and
THE BAKERY FUN FACTORY FUN SHOP PTY. LTD. and MICHAEL CORSBIDGE
No. VG 168 of 1983
Woodward J. 4 October 1984 Melbourne
FEDER,,
a
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 168 of 1983
GENERAL DIVISION
BETWEEN:
MICHAEL CORBIDGE Applicant
and
THE BAKERY FUN FACTORY PTY. LTD., LES SCHEFFER and RODNEY MORLEY Respondents
and
THE BAKERY FUN FACTORY
FUN SHOP PTY. LTD. Cross-Claimant and MICHAEL CORBIDGE Cross-Respondent
JUDGE: Woodward J.
DATE: 4 October 1984
REASONS FOR JUDGMENT
This is a claim by the purchaser of a business against the company which sold the business and its directors. The applicant alleges misleading and deceptive conduct, in
contravention of s.52 of the Trade Practices Act 1974, ('the Act')
on the part of the respondents in the course of the negotiations
leading up to the sale. He says that by these statements and
conduct he was induced to purchase the business and, as a result,
he has suffered damage. It is not disputed that, if the alleged
conduct occurred, it was the act of a corporation in trade and
commerce within the meaning of s.52 of the Act and the second and thard respondents were 'involved in the contravention' within the
meaning of s.75B.
The undisputed facts of the case are that a "Fun Factory" opened in a disused bakery building on the corner of Toorak Road and Chapel Street, South Yarra on 18 December 1981. The aim of the complex was to provide entertainment for young people, and one part of the set-up was a "Fun Shop", just inside the main entrance, which sold novelties and toys. The respondent company took up the lease of the area to contain the shop and built the necessary partitions, counters and other fixtures and
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