Finstock Pty Ltd & Ors v Bickely Vale Pty Ltd & Ors [1987] FCA 627

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JUDGMENT No. 021/42.

CATCHWORDS

Trade Practices - Consumer protection - Misleading or deceptive conduct - Agreement for sale of nursery business and lease of parcel of land - Misrepresentations as to turnover and varieties of plants being cultivated - Rescision of agreement and lease - Damages - Injunctive relief.

Trade Practices Act 1974 (Cth), ss.52, 75B, 82, 87 FINSTOCK PTY LTD & ORS v. BICKELY VALE PTY LTD & ORS

WA G 56 of 1985

Neaves Jd. 17 November 1987

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

JUDGE MAKING ORDER

DATE OF ORDER

WHERE MADE

No. WA G 56 of 1985

wee ww

BETWEEN : FINSTOCK PTY LTD, HARVEY WILLIAM DU CROS and ROSWITHA INGEBORG DU _CROS

Applicants AND: BICKLEY VALE PTY LTD First respondent

FRANCESCO ROSARIO NESCI

Second respondent

BARBARA CONSTANCE NESCI

Third respondent

MINUTE OF ORDER

: Neaves J. : 17 November 1987

Canberra

THE COURT ORDERS THAT:

l. It be

declared that the applicants lawfully

rescinded the agreement made on 20 December 1983 and the lease dated 10 February 1984.

2. There be judgment for the applicants against the respondents and each of them in the sum of $18,095.

3. The first respondent, Bickley Vale Pty Ltd, be restrained from proceeding further with the

proceedings numbered 25200 of 1984 pending in the

Local

Court of Western Australia and the

proceedings numbered 1454 of 1985 pending in the

2.

District Court of Western Australia and from instituting any other proceedings against the applicants or any of them in respect of the agreement made on 20 December 1983 or the lease

dated 10 February 1984.

4. There be judgment for the applicants upon the counterclaim filed herein on behalf of the first respondent.

5. The respondents pay the applicants' costs of the

proceedings, including reserved costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.