Federal Court of Australia
"(nego
CATCHWORDS Trade Practices - sale of business - opening hcours - misrepresentation - whether relied on at point of
purchase - application dismissed
PETER RUMPE, CHRISSY RUMPE, JOHN KODERICH and FAYE
KODERICH v. CAMROL PLY. LIMITED First Respondent
MARK WINTERS, Second Respondent, CENISE ERICA WINTERS
Third Respondent
No. G 391 of 1983
Morling J. 24 January 1985
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 331 of 1983
GENERAL DIVISION
BETWEEN : PETER RKUMFE, CHRISSY RUMPE, JOHN KODERICH and FAYE KCDERICH
Applicants AND: CAMROL PTY. LIMITED
First Respondent AND: MARK WINTERS Second Respondent
AND: DENISE ERICA WINTERS
Third Respondent
ORDER JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 24 January 1985 WHERE MADE : Sydney
THE COURT ORDERS AS FOLLOWS:
1. That the application be dismissed.
2. Applicants to pay respondents' costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 3391 of 1963
GENERAL DIVISION
BETWEEN : FETER RUMPE, CHRISSY RUMPE, JOHN KODERICH and FAYE KODERTCH
Applicants
AND: CAMROL PTY. LIMITED
First Resrondent
AND: MARK WINTERS
Second Respondent AND: DENISE ERICA WINTERS
Third Respondent
MORLING J. 24 January 1985
REASONS FOR JUDGMENT
On 2 September 1983 the applicants entered into an agreement with the first respondent for the management of a restaurant at 24 Bay Street, Double Bay. The second and third respondents are directors of the first respondent. Pursuant to the agreement the applicants were given the right to manage the restaurant for a pericd of three years. As consideration for the grant of this right the applicants agreed to pay the first respondent $20,000. The agreement gave them the ridht to
retain the profits of the restaurant.
The adreement was expressed to be subfect to ard conditional upon approval by the Metropolitan Licensing Court to "the transfer of the on-license (restaurant) in réspect of the licensed premises to Peter Rumpe ...". or the agranting of
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