Federal Court of Australia
' nove 4Q BS
CATCHWORDS
PRACTICE AND PROCEDURE - Federal Court - Interest pursuant to s. 351A
of the Federal Court of Australia Act 1978.
TRADE PRACTICES - Section 52 of Trade Practices Act 1974 - "Misleading
and deceptive conduct in connection with sale of restaurant business ~ ~~ Circumstances in which silence may constitute misleading conduct under s. 52 - Whether applicant had constructive notice of matters which solicitors acting for the applicant would have discovered if proper enquiries had been made - Construction of special conditions in contract for sale of business - Operation of exclusion clauses as a defence to an action under s. 52 - Circumstances in which order for restitution 1S appropriate - Exercise of Court's discretion under s.
87 of Trade Practices Act - adequacy of damages as remedy.
.
Federal Court of Australia Act, 1978: s. SIA
Trade Practices Act, 1974: ss. 52, 75B and 87
HENJO INVESTMENTS PTY. LIMITED, HENRY SAADE, SAADE DEVELOPMENTS PTY. LIMITED v. COLLINS MARRICKVILLE PTY. LIMITED
G 550 of 1987
COURT: LOCKHART, BURCHETT and FOSTER JJ. 26 FEBRUARY 1988 SYDNEY
on
IN THE FEDERAL COURT OF AUSTRALIA
) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G550 of 1987 ) GENERAL DIVISION ) BETWEEN: HENJO INVESTMENTS PTY. LIMITED
First Appellant HENRY SAADE
Second Appellant SAADE DEVELOPMENTS PTY. LIMITED
Third Appellant
AND: COLLINS MARRICKVILLE PTY.
JUDGES MAKING ORDER: DATE ORDER MADE:
WHERE ORDER MADE:
MINUTE THE COURT ORDERS THAT: l. The appeal be allowed
LIMITED
Respondent
LOCKHART, BURCHETT and FOSTER JJ. 26 FEBRUARY 1988
SYDNEY
OF ORDERS
in so far as it relates to the
questions of relief and costs;
2. Orders 1 to 7 inclusive made by the trial Judge on 20 October
1987 be set aside;
4.{a)
(b)
(c)
The matter be remitted to the trial Judge to determine the loss or damage suffered by the respondent by conduct of the first appellant or the second appellant that was done in
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