Haydon, Roger v Jackson, Gregory John & Ors [1987] FCA 734

A, " ™ YUDGMENT No. 734/37,

CATCHWORDS

TRADE PRACTICES - Sale and purchase of motel business - awards of damages by trial judge for overpayment of goodwill and excessive rent - whether awards made pursuant to s.82 or s.87 - order pursuant to s.87(2)(c) to "refund" overpayments of rent - such overpayments to be refunded by person who received those moneys.

Trade Practices Act 1974 s.6(3)(a), 52, 82, 87

Federal Court of Australia Act 1976 s.51A

ROGER HAYDON and OXFORD ESTATES PTY. LTD. Appellants - and -

GREGORY JOHN JACKSON, BARBARA JACKSON, PETER JOHN JACKSON, TRACEY ELLEN JACKSON, PHILIP GREGORY JACKSON and JOSEPHINE JACKSON

First Respondents

- and -

MARTIN ANTON MISCHKULNIG Second Respondents - and -

MYOORA NOMINEES PTY. LTD Third Respondent

Coram: Fisher, Lockhart & Pincus JJ. Adelaide 23 December 1987

VWs ¥

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G56 of 1987 ) GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

ROGER HAYDON and OXFORD ESTATES PTY. LTD.

Appellants - and -

GREGORY JOHN JACKSON, BARBARA JACKSON, PETER JOHN JACKSON, TRACEY ELLEN JACKSON, PHILIP GREGORY JACKSON and JOSEPHINE JACKSON ——

First Respondents - and -

MARTIN ANTON MISCHKULNIG

Second Respondent - and -

MYOORA NOMINEES PTY. LTD.

Third Respondent

MINUTES OF ORDER

JUDGES MAKING ORDER WHERE MADE DATE OF ORDER

FISHER, LOCKHART & PINCUS JJ. ADELAIDE 23 DECEMBER 1987

THE COURT ORDERS THAT: 1. The appeal be allowed for the purpose of deleting from the order of 3 April 1987 - (a) that part thereof which provided that judgment be entered for the applicants against the second and

third respondents in the sum of $43,000.

2. proposing to vary the orders of the trial judge I should state my own reasons in this regard. I am however not required to restate the basic facts in the matter but can adopt the statement of