Federal Court of Australia
+. SAS
CATCHWORDS.
Trade Practices - Consumer protection - Misleading and deceptive conduct - Sale of business premises - Statements during negotiations - Statements of opinion in respect of future rents - Whether statements relied upon by purchasers - Trade Practices
Act 1974 (Cth) ss 52, 53A, 75B.
Trade Practices Act 1985 ss. 52, 53A, 75B Evidence Act (NSW) 3s.14B
Pappas and or v_ Soulac Pty Ltd and Anor 50 ALR 231 @ 234 Bill Acceptance Co ration Ltd v GWA Ltd 50 ALR 242 @ 246
G 289 of 1986
{. 's
Evatt J / enor f C t RE ° e Sydney 26 NOV 1286 26 November 1986 \ Fema, SU OF Ny my an VY FAGSIAY
IN_THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
CORAM: Evatt J
DATE: 26 November 1986 PLACE: Sydney
BETWEEN :
AND:
) No. G289 of 1986
ANTON BOSNICH Applicant
BAILEY AND CARTWRIGHT (HOLDINGS) PTY LIMITED
First Respondent
PETER HIGHLAND REAL ESTATE
PTY LIMITED trading as RICHARDSON AND WRENCH, HURSTVILLE
Second Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The application by the applicant be dismissed.
2. The applicant pay each of the respondents costs.
As to the first named respondent's cross-action against the
applicant
tas
THE COURT DECLARES:
(i) that Mr Bosnich, as purchaser, wrongfully repudiated the subject contract dated 19 April 1985 made between him
and the first named respondent; and
(ii) that the first named respondent is entitled to forfeit the deposit of $56,100 paid by the applicant pursuant to
the said contract.
AND THE COURT ORDERS THAT:
3. The second named respondent pay to the first named respondent the said sum of $56,100 together with any interest accrued
thereon, less any proper and agreed commission due and owing
to the second respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G289 of 1986 GENERAL DIVISION )
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