Federal Court of Australia
CATCHWORDS JUDGMENT No. \72,7 SB
Trade Practices (consumer protection) - contracts for 'acquisition of 'assets comprising knackery and pet food business - production by vendors of valuation prepared by father of one of directors of vendors - valuation said to be inflated because of enhancement of amounts attributed to land and buildings to take into account profits being made by business - claim that valuation method was so unorthodox that valuation must have been made dishonestly - claim that vendors knowingly relied on dishonest valuation - challenge to findings of primary Judge in relation to this and
other associated matters - causes of action for fraud and
negligent misstatement also relied on - circumstances in which valuer may properly have regard to profitability of business
activity carried on on land.
Trade Practices Act 1974, 3.52
ANVITA PTY. LTD. v. SWAN PROPERTIES PTY. LTD. & ORS. No. Qld. G302 of 1987
Coram: Fox, Sheppard and Beaumont JJ. Date : 15 April 1988
Place: Brisbane
GENERAL DIVISION
CORAM: PLACE:
STR No. Qld. G302 of 1987
wee ww
FROM LE EOF THE FED) COURT BETWEEN : ANVITA PTY. LTD. Appellant AND: SWAN PROPERTIES PTY. ETD. First Respondent
KARRABIN PASTORAL CO. PTY. LTD.
Second Respondent WILLOWBANK PASTORAL PTY. LTD. Third Respondent DOUGLAS WILLIAM CROSS Fourth Respondent KERRY RODERICK HALL Fifth Respondent CYRIL CROSS Sixth Respondent
FOX, SHEPPARD AND BEAUMONT JJ.
BRISBANE
15 APRIL 1988
MI OF ER S Ts
The appeal be dismissed.
The appellant pay the costs of the respondents.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
) ) ) No. Qld. G302 of 1987 ) }
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN : ANVITA PTY. LTD.
Appellant AND:
SWAN PROPERTIES PTY. LTD.
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