Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Misleading conduct - Sale of restaurant business ~ Assertion in negotiations that lease held - Factual position that lessee's claim that lease had been renewed was subject to litigation - Subsequent contract for purchase of business - Whether payments made by purchaser were induced by misrepresentation - Purported termination of contract by purchaser - Forfeiture of deposit by vendor - Whether purchaser entitled to terminate for breach - Validity of forfeiture of deposit - Recoverability of expenses incurred by purchaser upon being let into possession pending completion -
Whether second respondent involved in breach of Trade
Practices Act.
Trade Practices Act 1974, s$.52, 53A, 75B.
McDonald v Dennys Lascelles Limited (1933) 48 CLR 457, Bentsen v_Taylor, Sons & Co [1893] 2 OB 274, L Schuler A G v Wickman Machine Tool Sales Ltd [1974] AC 235, Cehave N V_ v Bremer Handelsgeselischaft [1976] OB 44, Hongkong Fir Shipping Co Ltd
v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Bunge Comporation v Tradax Export S A [1981] 1 WLR 7il, Yorke v_ Lucas (1985) ALJR 776 referred to.
NSW G.327 of 1985 iby "A ~~ SAU WAI LAU v ROYMANCORP (AUSTRALASIA) PTY LIMITED/& ANOR . Wilcox J [ft
Sydney . 220607 05
22 October 1986 '
AN FEDERAL COURT OF AUSTRALIA PRINCIPAL
. yo REGISTRY ' " 4;
IN THE FEDERAL COURT OF AUSTRALIA
)
)
NEW SOUTH WALES DISTRICT REGISTRY ) )
)
GENERAL DIVISION
BETWEEN:
AND:
AND BETWEEN:
AND:
CORAM: WILCOX J PLACE: SYDNEY DATE: 22 OCTOBER 1986
"
No. G.327 of 1985
SAU WAI LAU
Applicant
ROYMANCORP
(AUSTRALASIA) PTY
LIMITED First Respondent
KEVIN PING-YU_ IP
Second Respondent
ROYMANCORP
(AUSTRALASIA) PTY
LIMITED Cross-Claimant SAU WAI LAU
Cross-Defendant
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. Judgment be entered in favour of the applicant against each of the respondents for damages in the sum of twelve thousand one hundred and sixty-two
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