Tringas, G. & Anor v Ansett Transport Ind.(Operations) Pty Ltd & Anor [1986] FCA 328

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CATCHWORDS

Trade Practices - misleading and deceptive conduct - sale of business ~ claim by guarantor - whether able to prove loss by

giving guarantee - whether loss separate and distinct from that suffered by contracting party -~ representations not misleading - reliance on own investigations - representations

in form of agreements not included in written contract.

Trade Practices Act 1974 ss.52, 82, 87

Gould v. Vaggelas (1984) 56 A.L.R. 31

Bill Acceptance Corporation Ltd. v. GWA Ltd. (1983) 50 A.L.R. 242.

GEORGE TRINGAS and STAVROULA TRINGAS Applicants

and

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LTD. and ANSETT TRANSPORT INDUSTRIES LIMITED Respondents

and

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LTD. Cross~Applicant

and

GEORGE TRINGAS and STAVROULA TRINGAS Cross-Respondents

V. No. G 99 of 1982

NORTHROP J.

8 AUGUST 1986 MELBOURNE

* Not considered appropriate for further distribution.

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G 99 of 1982

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GENERAL DIVISION

GEORGE TRINGAS and STAVROULA TRINGAS Applicants

and

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LTD. and ANSETT TRANSPORT INDUSTRIES LIMITED Respondents

and

ANSETT TRANSPORT INDUSTRIES (QPERATIONS) PTY. LTD. Cross-Applicant

and

GEORGE TRINGAS and STAVROULA TRINGAS Cross—-Respondents

COURT: NORTHROP J. DATE: 8 AUGUST 1986

PLACE: MELBOURNE

REASONS FOR JUDGMENT

A number of unusual features affect these proceedings and it will be helpful to set out in broad outline the background facts. At all material times Ansett

Transport Industries (Operations) Pty. Ltd. ("Ansett

Operations") was a corporation under the Trade Practices Act

1974 ("the Act"). Among other activities Ansett Operations

conducted the business of providing road passenger services

under the business mame of Ansett Pioneer. Those services included tourist coach travel packages, tours and express services. In addition to providing those services, Ansett Operations carried on the business of travel agents from retail outlets in the capital cities of Australia. Among those were retail outlets situate at 147 King Street, Sydney, 59 Swanston Street, Melbourne and 37 St. Georges Terrace, Perth. At each of these retail outlets Ansett Operations carried on travel agency businesses from which they sold to members of the public travel services both international and domestic including the coach services provided under the name Ansett Pioneer. In conducting those travel agency businesses, Ansett Operations were in competition with other travel agency businesses, some of which also sold to members of the public coach services provided under the name Ansett