Federal Court of Australia
teeneTooncezacoen
YUDGMINT No. 227.8...
CATCHWORDS
TRADE PRACTICES ~- Misleading and deceptive conduct - false or misleading representation about lawful use of property - silence as conduct or representation - creating impression
and failing to tell whole story.
CONTRACT - breach - waiver - whether time of essence - giving
reasonable notice of rescission.
PRINCIP AND AGENT - vicarious liability of principal -
indemnity for agent acting within scope of authority.
Trade Practices Act 1974, ss. SIA, 52, 53A(1)(b), 82, 87(1A) and (2)(a).
Federal Court of Australia Act 1976, s. 51A. Transfer of Land Act 1958 (Vic.)
Town and Country Planning Act 1961 (Vic.). J v. MEADOWS S$ SERVICE . LTD. and ' (@} s. .- LTD.
V.G. No. 105 of 1987
GRAY J. — nN RD MELBOURNE RECEIVED 9TH MAY 1988 1 1MAY 1988
'\ Tee gQuaT OF
>. PRINCIPAL
REGIS! Con TRY ~~
,
IN_THE FEDERAL COURT )
) OF _AUS' 1987 V.G. No. 105 VICTO I s )
BETWEEN:
J. IOQTTA Applicant
and
WS BUS SERVICE
PTY. LTD. and FRATELLI D' 0 S. PTY. LTD. Respondents
MINUTES OF ORDER
c fs) Ky iT: Judgment be entered for the applicant against both
respondents for:
(a) damages in the sum of $25,000.00; (b) interest in the sum of $4,529.11;
(c) the applicant's costs of the proceeding.
The cross-claim of the first respondent, Broadmeadows Bus Service Pty. Ltd., against the applicant is dismissed.
Judgment be entered for the second respondent, Fratelli D'Aprano Bros. Pty. Ltd. against the first respondent
for:
a —
(a) such sum or sums as the applicant may recover against the second respondent pursuant to the judgment entered under para.l of this order;
(b) the second respondent's costs of the proceeding.
The first respondent's cross-claim against the second
respondent is dismissed.
(NOTE: Settlement and entry of orders is dealt with by 0.36
of the Federal Court Rules.)
IN URT
OF AU: I 1987 V.G. No. 105
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate