Trendax Pty Ltd v. Wheeler, I.W. & Ors [1988] FCA 123

Vos

od

JUD 1D i BE

CATCHWORDS

TRADE PRACTICES — Misleading or deceptive conduct - Sale of business - Claims against both vendor and business broker - Alleged representations re takings of business - Alleged misrepresentations re list of customers - Whether misrepresentations induced purchaser to enter into transaction - Application for order avoiding deed of change to secure portion of purchase price - Assessment of damages, involving determination of true value of business at date of purchase

and consequential losses - Costs. .

Trade Practices Act 1974 ss.52, 75B, 82, 87.

NSW G.465 of 1987 TRENDAX PTY LIMITED v IAN WILLIAM WHEELER & ORS

Wilcox J Sydney - 29 March 1988

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

AND:

AND BETWEEN:

NSW G.465 of 1987

TRENDAX PTY LIMITED

Applicant

IAN WILLIAM WHEELER First Respondent

NEWCASTLE IMPORTERS AUSTRALIA PTY LIMITED

Second Respondent

IAN & SONS WHOLESALE PTY LIMITED

Third Respondent

GARTH GRIFFITHS

Fourth Respondent GRIFFITHS SHEARMAN REAL ESTATE PTY LIMITED trading as "WILSONS BUSINESS BROKERS

Fifth Respondent

IAN & SONS WHOLESALE PTY LIMITED

First Cross—-Claimant TRENDAX PTY LIMITED

First First Cross-Respondent

JOHN GEORGE KERR

Second First Cross~-Respondent

Boy ar

uv

AND BETWEEN:

AND BETWEEN:

KIM REGINALD SHARPE

Third First Cross—Respondent

IAN WILLIAM WHEELER First Second Cross-Claimant

NEWCASTLE IMPORTERS AUSTRALIA PTY LIMITED

Second Second Cross-Claimant

IAN & SONS WHOLESALE PTY LIMITED

Third Second Cross-Claimant GARTH GRIFFITHS

Pirst Second Cross—Respondent

GRIFFITHS SHEARMAN REAL

ESTATE PTY LIMITED trading

as ""WILSONS BUSINESS BROKERS

Second Second Cross-Respondent

GARTH GRIFFITHS

First Third Cross-Claimant GRIFFITHS SHEARMAN REAL ESTATE PTY LIMITED trading as "WILSON'S BUSINESS BROKERS"

Second Third Cross-Claimant

IAN WILLIAM WHEELER