Federal Court of Australia
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CATCHWORDS " Regret PAL TRADE PRACTICES - ss. 52 and 59(2) - Sale of Branchisé to : duct retail store as part of chain - Representbatror v9 ving
statements of opinion found to convey that the! opin on was honestly held upon rational grounds involving an application of expertise - Defence that contract included acknowledgement that applicants had not been induced by any representations. clause held ineffective against Trade Practices Act - Directors liable as persons involved in contraventions - Appropriate measure of damages in case where applicants continued to trade for several years though incurring losses - Applicants bound by unexpired lease - Broad view appropriate in assessment of damages - Matters to be taken into account - Variation of agreement under s.87.
Trade Practices Act 1974, ss.52 and 59{(2)
Global Sportsman Pty. Ltd. v. Mirror Newspapers Pty. Ltd. (1984) 2 F.C.R. 82 James _v. Australia and New Zealand Banking Group Ltd. (1986) 64 A.L.R. 347
Petera Pty. Ltd. v. E.A.J. Pty. Ltd. (1985) 7 A.T.P.R. 46884 Yorke v. Lucas (1985) 59 A.L.J.R. 776; 61 A.L.R. 307
Enzed Holdings Ltd. v. Wynthea Pty. Ltd. (1984) 57 A.L.R. 167 Gould v. Vaggelas (1985) 157 C.L.R. 215
Gates v. City Mutual Life Assurance Society Ltd. (1986) 63 A.L.R. Neilsen v. Hempston Holdings Pty. Ltd. (1986) 65 A.L.R. 302
BATEMAN & ANOR. -V- SLATYER & ORS.
NSW G.351 of 1985
Burchett J. Sydney 25 February 1987
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IN THE FEDERAL COURT OF
AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G.351 of 1985
BETWEEN:
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[2 Z iw]
RICHARD VINCENT
BATEMAN
First Applicant
GEORGINA GAY BATEMAN
Second Applicant
BARBARA JEAN SLATYER
First Respondent
HARVEY JOHN SLATYER
Second Respondent
GRAHAM WALTER TIEKLE
Third Respondent
BARBARA'S HOUSE & GARDEN (RETAIL) PTY. LIMITED
Fourth Respondent
MINUTE OF ORDERS OF THE COURT
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