Federal Court of Australia
JUDGMENT No. STAf 7
CATCHWORDS
Trade Practices - Trade Practices Act 1974, ss.52, 82, -
misleading conduct - sale of restaurant business - misrepresentation that lease held - prior exercise of option to renew lease subject to litigation - subsequent written sale
agreement - payments made by purchaser induced by misrepresentation - alleged collateral agreement - purported
termination of written agreement by purchaser - whether purchaser entitled to terminate for breach - scope and measure of damages under s.82.
ROYMANCORP (AUSTRALASIA) PTY. LIMITED & ANOR. v. SAU WAI LAU
No. G508 of 1986
Neaves, Beaumont and Gummow JJ. Sydney Orders made: 19 October 1987
Publication of Reasons: 23 October 1987
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY )} No. G508 of 1986 )
GENERAL DIVISION )
AN APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROYMANCORP (AUSTRALASIA) PTY LIMITED
First Appellant AND: KEVIN IP
Second Appellant AND: SAU WAI LAU
Respondent
MINUTES OF ORDER
Court: Neaves, Beaumont and Gummow JJ. Date order made: 19 October 1987 Where made: Sydney
THE COURT ORDERS:
The appeal is dismissed with costs. Note: Settlement and entry 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. G508 of 1986
) GENERAL DIVISION )
AN APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: ROYMANCORP (AUSTRALASIA) PTY LIMITED First Appellant AND: KEVIN IP Second Appellant AND; SAY WAI LAU
Respondent
CORAM: Neaves, Beaumont and Gummow JJ.
DATED: 23 October 1987
REASONS FOR JUDGMENT
THE COURT: The respondent, Sau Wal Lau, instituted proceedings in the Court against the appellants, Roymancorp (Australasia) Pty. Limited ("Roymancorp") and Kevin Ping-Yu Ip, a director of and sole controller of Roymancorp. The respondent claimed damages and other relief both in the accrued jurisdiction and for alleged contraventions of s.52 of the Trade Practices Act 1974 ("the Act"). The alleged contraventions occurred in the course of negotiations for the sale by Roymancorp to Mr. Lau of a restaurant business owned by Roymancorp. Wilcox J. found that s.52 had been contravened and ordered that judgment against Roymancorp and Mr. Ip be entered in favour of Mr. Lau in the sum of $12,162.75 by way of damages under s.82(1) of the act; his
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate