Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Misleading conduct - Sale of restaurant business - Limitation in seating capacity imposed by conditions of council approval and liquor licence - Whether express representation as to number of seats ~ Representation by silence during trial period when information as to takings supplied by respondents - Failure of applicant's solicitor to make proper enquiries - Whether chain of causation broken - Whether applicant had constructive knowledge of matters discoverable by solicitor - Clause in contract excluding
reliance upon oral representations - Whether exclusion clause
furnishes a defence to proceedings under s.52 of the Trade
Practices Act - Whether individual respondents "knowingly concerned" in breach - Cross~action - Whether certain coasters
and matches are "stock in trade".
Trade Practices Act 1974 ss.52, 79B.
NSW G.211 of 1985
COLLINS MARRICKVILLE PTY LIMITED v HENJO INVESTMENTS PTY LIMITED & ORS
Wilcox J Sydney 16 April 1987
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
CORAM: PLACE:
DATE:
BETWEEN:
AND:
No. NSW G.211 of 1985
COLLINS MARRICKVILLE PTY LIMITED
Applicant
HENJO INVESTMENTS PTY
LIMITED
AND BETWEEN:
First Respondent HENRY SAADE Second Respondent
NORMAN PETER GEORGE
Third Respondent
HENJO INVESTMENTS PTY
LIMITED
AND:
WILCOX J SYDNEY
16 APRIL 1987
Cross-Claimant
COLLINS MARRICKVILLE PTY LIMITED
Cross~Defendant
MINUTES OF ORDER
eee iis
NEW SOUTH WALES DISTRICT REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BETWEEN :
AND:
AND BETWEEN:
AND:
CORAM: WILCOX J PLACE: SYDNEY DATE: 16 APRIL 1987
No. NSW G.211 of 1985
COLLINS MARRICKVILLE PTY LIMITED
Applicant
HENJO INVESTMENTS PTY LIMITED TS
First Respondent HENRY SAADE Second Respondent
NORMAN PETER GEORGE
Third Respondent
HENJO INVESTMENTS PTY LIMITED
Cross-Claimant
COLLINS MARRICKVILLE PTY LIMITED
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