Federal Court of Australia
thee
NUDGMENT No.
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Not for distribution
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN: ANVITA PTY. LIMITED Applicant AND: SWAN PROPERTIES PTY. LTD. First Respondent AND: KARRABIN PASTORAL CO. PTY. LTD. Second Respondent AND: WILLOWBANK PASTORAL PTY. LTD. Third Respondent AND: DOUGLAS WILLIAM CROSS Fourth Respondent AND: KERRY RODERICK HALL Fifth Respondent AND: CYRIL CROSS Sixth Respondent SPENDER J.
BRISBANE
3 DECEMBER, 1987.
REASONS FOR JUDGMENT
) ) ) QLD. G84 of 1986 ) )
a
This application concerns the sale of a knackery.
The knackery forms part of a pet food business operating in the Ipswich and West Moreton districts of Queensland and is
conducted in conjunction with a wholesale and-retail outlet in
ones ¢ ey
2.
Booval, Ipswich. The business involves the slaughter of horses
for the production of pet food.
The business, which traded as West Moreton Pet Foods,
was advertised for sale in the "Courier Mail" on 20-April 1985. _
On 9 May 1985, the applicant, Anvita Pty.Ltd., as trustee for the-
Brendan Cole Family Trust, entered into certain written contracts with the three corporate respondents, (Swan Properties Pty.Ltd., Karrabin Pastoral Co. Pty. Ltd., and Willowbank Pastoral Pty. Ltd.) to purchase the business conducted by the respondents for a total price of $215,000.00. The negotiations for the purchase of the business were primarily conducted by Brendan Cole on behalf
of Anvita Pty. Limited and the fourth respondent, Douglas William
Cross.
The applicant conducted the business until the business and its assets were subsequently sold on 19 June 1986 to B. & J. Martin Pty. Ltd. for a total purchase price of $95,000.00, being $20,000.00 for the business and $75,000.00 for the land and
improvements.
The applicant alleges that the making of the representations described in paragragh 12 of the Statement of Claim is conduct which contravenes the provisions of ss.52, 53A(1)(b) and 59(2) of the Trade Practices Act 1974 ("the Act"). Alternatively, the applicant claims the making of the said representations constitutes fraud, negligent misstatement or breach of contractual warranty. The applicant seeks a declaration
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