Federal Court of Australia
aes 457 8
TRADE PRACTICES - tisleading and deceptive conduct - application
for interlocutory order - option to nurchase commercial development under construclion ~- option to expire on date of certification of practical completion - certification issued - option exercised "under protest" - settlement due 30 days after exercise of option - certification allegedly misleading and deceptive - claim for interlocutory orders including order extending date of settlement - reservations as to power - absence
of causal relationship between conduct alleged and detriment
sulfered.
Trade Practices Act 1974 s.52
WESTERN MAIL SECURITIES PTY LTD v FORREST PLAZA DEVELOPHENTS PTY
LTD AND BJR NOMINEES PTY LTD NO. VAG 8 of 1987
FRENCH J. 23 January 1987
Perth
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GRNERAL DIVISION
ww ww
No. WAG 8 of 1937
BETUWOIE Ns VESTORN MATL SECURITIES PTY UTD Applicant
and
FORREST PLAZA DEVELOPANNTS PTY LTD First Respondent
and
BJR NOMIUGES PTY LTN
Second Respondent
MINUTE OF ORDER
JUDGE HAKING ORDER: FRENCH J.
DATE OF ORDER: 23 January 1937 WHERE MADE: Perth
THE COURT ORDERS THAT:
l. The applicant's claim for interlocutory relief be disnissed.
2. The costs of this application be reserved,
3. There by liberty to the First respondent to apply
for further orders.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
(See also Order 37 rule 2(3).)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG & of 1987
BETWEEN: WESTERN NAIL SECURITIES PTY LTD Applicant
and
FORREST PLAZA DEVELOPMENTS PTY LTD
Pirst Respondent and
BJR NONINEES PTY LTD
Second Respondent
CORAII: FRENCI J.
23 January 1987
REASONS FOR JUDGMENT
On 25 November 1986 the Bell Group Limited entered into a written agreement with the first respondent, under which it acquired an option to purchase the land and buildings under construction thereon known as the Forrest Centre at 219-221 St. George's Terrace, Perth. The purchase price specified in the option agreement was $88,000,000.00. The option agreement was made in settlement of litigation in the Supreme Court of Western
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