Federal Court of Australia
TITLE OF ACTION
FEDERAL COURT OF AUSTRALIA
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CATCHWORDS TRADE PRACTICES - misleading and deceptive conduct - sale of business -— whether alleged misrepresentations were of fact or expectation - whether findings in conformity with pleadings —-
whether applicants' failure to take reasonable care of own
interests provides defence to action - whether accountant
knowingly concerned in principal's contravention.
Trade Practices Act 1974, s.52 and 75B
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd
(1982) 149 cir I9i Neilsen v Hempston (1986) 65 ALR 302
Collins Marrickville Pty Ltd v Henjo Investments Pty Ltd (unreported judgment of Wilcox J I6 April LED
JOHN SCOTT SUTTON and A.J. THOMPSON PTY LTD (In liquidation), ALAN JOHN THOMPSON, K.L.K. MANUFACTURING PTY LTD and KEVIN ERROL KOCH
No. SA G 39 of 1986
Forster, Woodward & Wilcox JJ. 21 May 1987 Adelaide
i "| . \ FLD. th COL ar OF AUST ual lA
12% aL HEGILIPY
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SA G 39 of 1986
) GENERAL DIVISION )
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
JOHN SCOTT SUTTON Appellant
and A.J. THOMPSON PTY LTD (In liquidation), ALAN JOHN THOMPSON, K.L.K. MANUFACTURING PTY LTD
and KEVIN ERROL KOCH Respondents
MINUTES OF ORDER
COURT: Forster, Woodward and Wilcox JJ.
DATE: 21 May 1987
PLACE: Adelaide
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
(NOTE: Settlement and entry of orders is dealt with in 0.36 of
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