Federal Court of Australia
ATI
CHWORDS
Trade Practices - consumer protection - misleading or deceptive conduct - misrepresentations as to compliance with terms of lease
and standing of tenant at sale of commercial building -
assessment of damages.
Trade Practices Act 1974 ss.52 and 82
Parkdale Custom Built Furniture Pty Ltd v. Puxu Pty Ltd (1978) 140 C.L.R. 216
Global Sportsman Pty Ltd v. Mirror Newspapers Ltd (1984) A.T.P.R. 45-339
Brown v. The Jam Factory Pty Ltd (1981) 53 F.L.R. 340
Mr Figgins Pty Ltd v. Centrepoint Freehoids Pty Ltd (1981) 36 A.L.R. 23
Toteff v. Antonas (1952) 87 C.L.R. 647 Holmes v. Jones (1907) 4 C.L.R. 1692 Gould v. Vaqgelas (1984) 56 A.L.R. 31
GEORGE FRASER SCOTT and MARGARET ANNE SCOTT v. WINDSOR HOLDINGS PTY LTD & CLIVE RAYMOND HARTZ
No. G21 of 1985
FORSTER J. PERTH
29 OCTOBER 1986
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY No. G21 of 1985
) ) ) ) ) ) GENERAL _DIVISTON ) BETWEEN:
GEORGE FRASER SCOTT and MARGARET ANNE SCOTT
Applicants - and - WINDSOR HOLDINGS PTY LTD
First Respondent - and - CLIVE RAYMOND HARTZ Second Respondent MINUTE OF ORDER
JUDGE MAKING ORDER FORSTER J.
WHERE MADE
PERTH
DATE OF ORDER
THE COURT ORDERS THAT: 1. There be judgment for the applicants against the
29 OCTOBER 1986
respondents in the sum of $42,800. 2. The respondents pay to the applicants the costs of the
application to be taxed.
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 No. G21 of 1985
GENERAL DIVISION
BETWEEN:
GEORGE FRASER SCOTT and MARGARET ANNE SCOTT
Applicants
- and -
WINDSOR HOLDINGS PTY LTD First Respondent
- and -
CLIVE RAYMOND HARTZ Second Respondent
REASONS FOR JUDGMENT CORAM: FORSTER J. : The applicants, husband and wife, (Scott and Mrs Scott)
purchased from the first respondent (Windsor) the upper floor of a commercial building at the corner of Fitzgerald and Roe
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