Federal Court of Australia
Trade Practices - claim under s.52 of Trade Practices Act 1974 -
misleading or deceptive conduct - newspaper advertisement - oral representations as to availability of facilities, right to
advertise and exclusivity of menu in food market - underlease
entered into with respondent company - contents of document
contrary to alleged misrepresentations - failure by applicants to
read underlease - relief granted.
Trade Practices Act 1974 ss. 52(1), 53A, 84(2), 87(2)
Cases:
Taco Co. of Australia v. Taco Bell Pty Ltd (1982) ATPR 43,732, 43,751
Puxu Pty Ltd v. Parkdale Custom Built Furniture Pty Ltd (1980) 31 ALR 73 at 93
Hornsby Building Information Centre Pty Ltd v. Sydney Building Information Centre Pty Ltd (1978) 140 CLR 216
Plant v. Duralla Pty Ltd (1983) 5 ATPR 44,939
Brown and Another v. Jam Factory Pty Ltd and Another (1981) 35 ALR 79
Mister Figgins Pty Ltd v. Centrepoint Freeholds Pty Ltd (1981) 36 ALR 23 at 55
DAVID DIBBLE and TERESA DIBBLE v. AIDAN NOMINEES PTY LTD and ERIC HAMER
No. WA G51 of 1985
MUIRHEAD J. PERTH 16 APRIL 1986
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G51 of 1985
BETWEEN:
DAVID DIBBLE and TERESA DIBBLE
Applicants and AIDAN NOMINEES PTY LTD
First Respondent
and ERIC HAMER
Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: MUIRHEAD J. DATE OF ORDER: 16 April 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The respondents pay to the applicants damages in the sum of $4,957.88.
2. The Deed of Underlease dated the 25th March 1985 be declared
void ab initio.
The respondents pay the applicants costs of the application
to be taxed.
The respondents' cross-claim be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
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