Federal Court of Australia
Jucgarenit Nof2Q Ti CATCHWORODS
TRADE PRACTICES - s.52 - representations as to turnover and profit of fish and chip business - deceit - business unprofitable
- measure of damage where business abandoned after two months.
Trade Practices Act 1974
James v. Australia and New Zealand Banking Group Ltd. 64 A.L.R. 347 Collier v. Electrum Acceptance Pty.Ltd. (1986) 66 A.L.R. 613
Stack v. Coast Securities No. 9 Pty.Ltd. (1983) ATPR 40-342.
Alati v. Kruger (1955) 94 C.L.R. 216
Toteff v. Antonas (1952) 87 C.L.R. 647
Gates v. City Mutual Life Assurance Society Ltd. (1986) 63 A.L.R. 600. Gould v. Vaqgelas (1985) 157 C.L.R. 215
MAXWELL PAUL STOKER & ANOR. V. POMCOL PTY.LTD. & ANOR. QLD. G118 of 1984
SPENDER J. BRISBANE 19 MARCH 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G118 of 1984 ) GENERAL DIVISION )
BETWEEN : MAXWELL PAUL STOKER AND CATHERINA LUTSKE STOKER Applicants AND: POMCOL PTY.LTD. First Respondent AND:
PETER WADE Second Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: SPENDER J.
WHERE MADE: BRISBANE
DATE: 19 MARCH 1987 THE COURT DECLARES THAT: -
The Agreement between the applicants and the first respondent dated 12 July 1984, and the Bill of Sale dated July 1984, were
validly rescinded by the applicants on 2 October 1984.
THE COURT ORDERS THAT: -
1. The counter-claim is dismissed.
2. There be judgment for the applicants against the first and second respondents in the sum of $24,187.00, with interest on $16,000.00 at 15% from 12 July 1984 and interest on $8,187.00 at 15% from 2 October 1984.
3. The first and second respondents pay the costs of the applicants, including reserved costs, ta be taxed if not agreed.
4, Liberty to mention the matter within 7 days, on 24 hours written notice by one party to the other.
i
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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