Federal Court of Australia
Trade Practices - claim under s.52 - misleading or deceptive conduct - sale of ice-skating rink business - conduct of business Agent - newspaper advertisement a material factor - advertisement specified turnover and overheads - profit potential misleading - meaning of "overhead" - reliance on advertisement - damages claimed under 3.82 ~- lease obligation consequent on purchase - lessor claiming arrears of rent in
separate action - damages claimed for loss of capital,
acquisition expenses, interest.
Practice and Procedure - damages claimed for loss incurred as a result of lessor enforcing lease obligation on purchaser - separate legal action continuing - consideration of claim for
damages based on applicants' liability to landlord (if any)
adjourned.
Cases referred to:
Trade Practices Act 1974 s.52(1), 3.75B and s.82(1) Smolonogov v. O'Brien (1982-1983) 44 ALR 347 at 363
Brown v. The Jam Factory Pty Ltd (1981) 53 FLR 340 at 348 and Yorke and Another v. Ross Lucas Pty Ltd and Others (1982-1983) 45 ALR 299 Yorke and Another v. Lucas (1983) 49 ALR 672 and 682
Corbridge v. The Bakery Fun Factory Fun Shop Pty Ltd and Others (1984) ATPR 45, 677 at 45, 688
SELWYN WARD and SHARON PATRICIA WARD v. PREMIER ICE SKATING RINK PTY LTD and LIONEL FINKELSTEIN and WILLIAM MOSER and DESMOND F'IRMIN
No. WA G58 of 1983 MUIRHEAD J.
PERTH
13 March 1986
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G58 of 1983
wee
BETWEEN:
SELWYN WARD and SHARON PATRICIA WARD Applicants
and
PREMIER ICE SKATING RINK PTY LTD
First Respondent and
LIONEL FINKELSTEIN
Second Respondent and
WILLIAM MOSER
Third Respondent and
DESMOND _FIRMAN
Fourth Respondent MINUTE OF ORDER
JUDGE MAKING ORDER 3 Muirhead J DATE OF ORDER : 13 March 1986 WHERE MADE : Perth
THE COURT ORDERS as follows:
1. Declaration: (a) that the third respondent was directly concerned in the first respondent's contravention of 3.52 and ag a person
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