Federal Court of Australia
sneanenses:
CATCHWORD
TRADE PRACTICES - misleading or deceptive conduct concerning the lease of a shop.
Trade Practices Act 1974 ss.51A, 52
VINCENT AGIUS & ANOR. v. LD OTL DEVELOP S__PTY LIMITED
No. G278 of 1987
CORAM: FOX J. 12 MAY 1988
SYDNEY
(ia
12 MAY 1988
\z FESERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN THE FED! COURT OF AUSTRALIA ) NEW SOUTH DISTR REGISTRY No. G278 of 1987 DIVISION BETWEEN : VINCENT AGIUS AND: HAYMOR 2 PTY LIMITED Applicants AND:
NEW WORLD OIL AND DEVELOPMENTS PTY LIMITED
First Respondent -L.W. (NSW) LIMITED
Second Respondent
STEPHEN DOWNES Third Respondent
DAVID BRIGHT Fourth Respondent KESTRAL PTY LIMITED Fifth Respondent MI OF _ ORD JUDGE MAKING ORDER: Fox J. DATE OF ORDER: 12 May 1988 WHERE MADE: Sydney THE COURT ORDERS THAT:
1. The application be dismissed, with costs.
Note: Settlement and entry or orders is dealt with in Order 36 of the Federal Court Rules.
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SO DISTR STR No. G278 of 1987
GENERAL DIVISION
BETWEEN :
VINCENT AGIUS
AND:
HAYMOR 2 PTY LIMITED Applicants
AND:
NEW WORLD OIL AND DEVELOPMENTS PITY LIMITED
First Respondent J.L.W. (NSW) PTY LIMITED
Second Respondent
STEPHEN DOWNES Third Respondent
DAVID BRIGHT Fourth Respondent
KESTRAL PTY LIMITED Fifth Respondent
CORAM: FOX J. DATE: 12 MAY 1988
FOR J
FOX J. These proceedings, which were brought in reliance on
8.52 of the Trade Practices Act 1974 ("the Act") and on common
law causes of action, were originally against five respondents. At the hearing, the proceedings against the second and fourth respondents were, by consent, dismissed, each party to pay his own costs. A cross-claim by them against the first respondent remains, which was for an indemnity to meet the situation of them being liable to the applicants, but all that remains is a question of costs, which by arrangement is to be dealt with ata later time. Their counsel was released from attendance. Counsel for the first, third and fifth respondents said at that time that he might wish to consider whether his clients should bring a
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