Federal Court of Australia
JUDGMENT Noo 28.31.22...
CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct - false or misleading representations as to conditions of contract - alleged breaches of contract and of fiduciary duty - not established at trial - appeal - findings of trial judge open on evidence - appeal dismissed
SAPPHIRE INVESTMENTS PTY. LIMITED, ALFRED SAUER and LINDA ELIZABETH SAUER v. BURNS PHILP TRUSTEE COMPANY LIMITED AND OTHERS
No. °
Davies, Morling and Foster JJ. 8 June 1988 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 753 of 1987 ) )
GENERAL DIVISION
BETWEEN:
SAPPHIRE INVESTMENTS PTY. LIMITED, ALFRED SAUER, LINDA ELIZABETH SAUER
Appellants
BURNS PHILP TRUSTEE COMPANY LIMITED First Respondent
ESTATE MORTGAGE FINANCIAL SERVICES LIMITED Second Respondent
ESTATE MORTGAGE MANAGERS LIMITED Third Respondent
RICHARD LEW Fourth Respondent REUBEN LEW Fifth Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER
DATE OF ORDER
WHERE MADE
Sydney
THE COURT ORDERS AS FOLLOWS:
8 June 1988
Davies, Morling and Foster JJ.
1. The appeal is dismissed. 2. The appellants are to pay the respondents' costs.
NOTE: Settlement and entry
of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G 753 of 1987
BETWEEN: SAPPHIRE INVESTMENTS PTY. LIMITED, ALFRED SAUER, LINDA
ELIZABETH SAUER
Appellants
AND: BURNS PHILP TRUSTEE COMPANY LIMITED
First Respondent
ESTATE MORTGAGE FINANCIAL SERVICES LIMITED
Second Respondent
ESTATE MORTGAGE MANAGERS LIMITED Third Respondent
RICHARD LEW Fourth Respondent
REUBEN LEW
CORAM
DATE: 8 June 1988 PLACE: SYDNEY
REASONS FOR JUDGMENT
DAVIES, MORLING and FOSTER JJ.
Fifth Respondent
THE COURT: This is an appeal from a decision of a judge of the
Court dismissing an application in which the appellants sought
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