Grove, W. & Ors v Laja Pty Ltd & Ors [1987] FCA 725

TRADE PRACTICES - purchase of motor hotel business and property - false, misleading and deceptive representations about the condition and state of repair of the hotel - misrepresentations not relied upon therefore no loss or damage - false, misleading and deceptive representations with respect to transfer of

business name - person involved.

CONTRACT - breach of covenant to transfer business name - name

owned by third party - assessment of damages.

Trade Practices Act 1974

WILLIAM GROVE, JOHN WILLEM GROVE, SARAH LOUISE FARRIER and ALISON

MAY SMITH Applicants - and - LAJA PTY LTD and SHELDONIAN PTY LTD First Respondents - and - RALPH LEWIS BROCKMAN Second Respondent - and - LAJA PTY LTD and SHELDONIAN PTY LTD Cross Claimants ~ and -

WILLIAM GROVE, JOHN WILLEM GROVE, SARAH LOUISE FARRIER and ALISON MAY SMITH Respondents to Cross Claim

+ eR 1, 2

FORSTER J. PERTH 10 DECEMBER 1987

IN THE FEDERAL COURT OF AUSTRALIA ) )

WESTERN AUSTRALIA DISTRICT REGISTRY) No. WAG 79 of 1986 )

GENERAL DIVISION )

BETWEEN:

WILLIAM GROVE, JOHN WILLEM GROVE, SARAH LOUISE FARRIER and ALISON MAY SMITH

Applicants - and -

LAJA PTY LTD and SHELDONIAN PTY LTD

First Respondents - and - RALPH LEWIS BROCKMAN Second Respondent - and -

LAJA PTY LTD and SHELDONIAN PTY LTD

Cross Claimants - and - WILLIAM GROVE, JOHN WILLEM GROVE, SARAH LOUISE FARRIER and ALISON MAY SMITH

Respondent to Cross Claim

MINUTE OF ORDERS

JUDGE MAKING ORDER 3 FORSTER J. WHERE _ MADE 3 PERTH DATE OF ORDER : 10 DECEMBER 1987

THE COURT ORDERS THAT:

2. Judgment be entered for the applicants against the first and second respondents in the sum of $40,000. The first and second respondents pay to the applicants one half of their costs of the proceedings to he taxed including the costs of the issues with respect to which

payment into court was accepted.

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