Federal Court of Australia
CATCHWOROS
TRADE PRACTICES - Misleading or deceptive conduct - Sale of
business - Representation as to viability and profitability of business - Test to be applied - Necessity to review totality of
conduct - Measure of damages - Factors to be taken into account
- Power to award interest - Costs.
TRADE PRACTICES ACT 1974 - ss.52, 75B, a2
SOUTH AUSTRALIAN SUPREME COURT ACT 1976 - s.30C
A.J. THOMPSON PTY. LTD and ALAN JOHN THOMPSON
Applicants
- and -
K.L.K. MANUFACTURING PTY. LTD., KEVIN ERROL KOCH and JOHN SCOTT
SUTTON
Respondents
Fisher J. Adelaide
@ July, 1986.
IN THE FEDERAL COURT OF AUSTRALTA
)
. ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No.G43 of 1983
)
)
GENERAL DIVISION
BETWEEN:
A.J. THOMPSON PTY. LTD and ALAN JOHN THOMPSON
Applicants ~ and -
K.L.K. MANUFACTURING PTY. LTD., KEVIN ERROL KOCH and JOHN SCOTT
SUTTON Respondents MINUTE OF ORDER JUDGE MAKING ORDER : FISHER J. WHERE MADE t ADELAIDE DATE OF ORDER : 8 JULY 1986.
THE COURT ORDERS THAT:
There be judgment in favour of the first applicant, A.J. Thompson Pty. Ltd., against the respondents in the sum of $110,000.00.
There be judgment in favour of the second applicant, Alan John Thompson, against the respondents in the sum of $5,958.00.
The cross-claim by the first and second 'respondents against the applicants be dismissed with no order as to
costs.
is
t " ee 4, The respondents pay to the applicants 75% of their costs,
the same to be taxed if not agreed.
Note: Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
ert oe ree -
eeprom ete
oon tar te
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No.G43 of 1983 } GENERAL DIVISTON )
BETWEEN:
A.J. THOMPSON PTY. LTD. and ALAN JOHN THOMPSON
Applicants - and - K.L.K. MANUFACTURING PTY.
LID. ,KREVIN ERROL KOCH and dGGHN SCOTT SUTTON
Respondents
REASONS FOR JUDGMENT
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