Federal Court of Australia
| oBemeNT No. Ssby a1.
CATCHWORDS
TRADE PRACTICES - Misleading conduct by corporation - Sale of restaurant business - Misrepresentations of seating capacity of restaurant - Relief appropriate to be granted - Sufficiency of damages - Whether contract for sale may be set aside having regard to changing circumstances - Position of third party mortgagee - Whether order for indemnity may be made - Trading losses incurred by purchaser for reasons substantially unconnected with matters in connection with which
misrepresentations made - Whether losses recoverable as
consequential damages. Trade Practices Act 1974 ss.52, 82, 87.
NSW G.211 of 1985 COLLINS MARRICKVILLE PTY LIMITED v_HENJO INVESTMENTS PTY
LIMITED & ORS
Wilcox J Sydney 20 October 1987
2 10CT 1987
FEDERAL CouaT ' AUSTRALIA OF
PAINCIP, AuQieTAY
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.211 of 1985 ) )
GENERAL DIVISION
BETWEEN: COLLINS MARRICKVILLE PTY LIMITED
Applicant
AND: HENJO INVESTMENTS PTY LIMITED
First Respondent HENRY SAADE
Second Respondent NORMAN PETER GEORGE Third Respondent
SAADE DEVELOPMENTS PTY LIMITED :
Fourth Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 20 OCTOBER 1987
MINUTES OF ORDER
THE
COURT ORDERS THAT:
The contract between the applicant and the first
respondent dated 2 April 1985 in connection with the sale by the first respondent to the applicant of the business known as "New York Deli" be declared to be
void ab initio.
Subject to the applicant, upon such day as may be mutually agreed between the applicant and the first respondent -- or, failing agreement, upon the 28th day after the making of this order -- re-delivering to the first respondent the use and possession of the business known as "New York Deli", such re-delivery being upon the basis that the business has continued to operate as a trading enterprise until that time, the first and second respondents, upon the date of re-delivery or within such other time as may be mutually agreed, pay to the applicant the sum of
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