Federal Court of Australia
* JUDGMENT No. 947.7. 4a
CATCHWORDS Trade practices (consumer protection) - acquisition of lease in shopping centre - acquisition said to have been induced by
misrepresentation as to the extent of the occupancy of the centre
at time of opening - question of fact - no matter of principle.
Trade Practices Act 1974. 3. 52
JOHN FRANCIS BEATER v. SEMITY PTY LIMITED and ORS.
No. G52 of 1983
CORAM: SHEPPARD J. PLACE: SYDNEY
DATE : 12 OCTOBER 1987
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G52 of 1983
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BETWEEN: JOHN FRANCIS BEATER Applicant AND:
SEMITY __ PTY LIMITED and_ORS.
Respondents
MINUTES OF ORDER
JUDGE MAKING ORDER: SHEPPARD J. DATE OF ORDER : 12 OCTOBER 1987 WHERE MADE 3 SYDNEY
THE COURT ORDERS THAT:
1.
2.
3.
4.
The application be dismissed.
The cross-claimant. Semity Pty Limited, recover the sum of $9,817.64 on its cross-claim.
There be judgment for the respondents on the applicant's claim and judgment for the cross-claimant. Semity Ptv Limited, on its cross-claim in the sum of $9,817.64
The applicant pay the respondents' costs (including all reserved costs) of the application and the costs of the
cross-claimant, Semity Pty Limited, of its cross-claim.
NOTE: Settlement and entrv of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G52 of 1983
~ ewer
GENERAL DIVISION
BETWEEN:
JOHN FRANCIS BEATER
Applicant
SEMTITY PTY LIMITED and ORS.
Respondents
CORAM: SHEPPARD J. DATE : 12 OCTOBER 1987
REASONS FOR JUDGMENT
HIS HONOUR: In this action the applicant. Mr. Beater. sues the respondents for breaches of s. 52 of the Trade Practices Act 1974. In the event Mr. Beater did not proceed against the third respondent. Norma Andrews. so that the proceedings against her will be dismissed. The respondent. Semitv Pty Limited, has sued Mr. Beater by way of cross claim for rent said to be due in respect of his occupation of a shop at Bankstown in which he
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