Sullivan, S.S. & Anor v Copas Newnham Pty Ltd & Ors [1986] FCA 371

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CATCHWORODS

TRADE PRACTICES - Negotiations for lease - statement as to basis on which owner proposes to contract - statement as to state of mind or intention - whether liability under s.52 - whether can award proportion of loss.

CONTRACT ~ negotiations for lease - main terms agreed - subject to preparation of lease by solicitors.

Trade Practices Act, 1974 ss.52, 87

Shane Stephen Sullivan & Anor. v. Copas Newnham Pty. Ltd. & Ors.

QLD G78 of 1985

PINCUS J. BRISBANE

1 SEPTEMBER 1986

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

QLD G78 of 1985

BETWEEN: SHANE STEPHEN SULLIVAN

First Applicant AND: PENELOPE JANE SULLIVAN

Second Applicant

AND: COPAS NEWNHAM PTY. LTD.

First Respondent AND: JOHN ANDERSON

Second Respondent

AND: HILDA MAUDE ANDERSON

Third Respondent

AND: JOHN ANDERSON AND HILDA MAUDE ANDERSON Cross Claimants AND: SHANE STEPHEN SULLIVAN Cross Respondent

AND: COPAS NEWNHAM PTY. LTD.

Cross Claimants

AND: JOHN ANDERSON AND HILDA MAUDE ANDERSON

Cross Respondents

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 1 SEPTEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The first respondent pay the applicants the sum of $5,000.

2. The applicants' claim against the second and third respondents be dismissed.

3. The first respondent's cross-claim against the second and third respondents be dismissed.

4. The second and third respondents' cross-claim against the applicants be dismissed.

5. The second and third respondents' cross-claim against the first respondent be dismissed.

6. The first respondent pay the applicants' costs of and incidental to the proceedings, to be taxed.

7. The first respondent pay the second and third respondents' costs of and incidental to the proceedings, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.