Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct -
representations by lessor concerning future renovations to service station and restaurant - failure to carry out work within
designated period - no misrepresentations of present intentions.
CONTRACT - breach of collateral warranty - lessees entering into lease and purchasing business in reliance on promise ~ effect of
operation of business by trustees under family trust.
DAMAGES - entitlement to damages for breach of collateral warranty ~ lessees' voluntary determination of lease and sale of business - loss of profits for period of operation of business - consequential loss due to reduced value of goodwill upon sale of business - independent intervening cause leading to sale - no
entitlement to damages for future loss of profit or on sale of
plant and equipment.
Trade Practices Act 1974 35.52
ROGER CHARLES STEEDMAN, MARGARET OLIVE STEEDMAN and ANOR v GOLDEN FLEECE PETROLEUM LIMITED
No. VG 69 of 1983
Woodward J. Melbourne 24 December 1985
{N THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 69 of 1983
GENERAL DIVISION
BETWEEN:
ROGER CHARLES STEEDMAN, MARGARET OLIVE STEEDMAN (who sue as the Trustees of the Steedman Family Trust alternatively for their own benefit) and VICTORIAN PROPERTY LISTINGS PTY. LIMITED (who sues as the Trustee of The Steedman
Family Trust) Applicants and GOLDEN FLEECE PETROLEUM LIMITED Respondent
MINUTES OF ORDER
COURT: Woodward J.
DATE: 24 December 1985 PLACE: Melbourne
THE COURT ORDERS THAT:
1. There be judgment for the applicants on the application.
2. There be liberty to apply, in relation to damages and
costs in light of these reasons for judgment.
(Settlement and entry of orders is dealt with by 0.36 of the
Federal Court Rules).
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 69 of 1983 ) )
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