Federal Court of Australia
Gq. Cc w) i) m CATCHWORDS
Trade Practices (consumer protection) - misleading and deceptive
conduct — common law deceit - sale of restaurant business - misrepresentation of profitability - credibility of witnesses - remedies - rescission purported by applicants - rescission becoming unavilable post-hearing and pre-judgment - calculation
of damages.
Trade Practices Act 1974, ss. 52, 82, 87
Misrepresentation Act (S.A.) 1971
Yorke v. Ross Lucas (1982) 45 A.L.R. 299
Brown v. Jam Factory Pty Ltd (1981) 35 A.L.R. 79
Toterf v. Antonas (1952) 87 C.L.R. 647
Roster Figgins v. Centrepoint Freeholds Pty Ltd (1981) 36 A.L.R No. G71 of 1987
GIORGIO BELPERIO & MARIA BELPERIO v. MUNCHIES MANAGEMENT PTY LTD & LARRY MANNO
FORSTER, J. ADELAIDE
9 JUNE 1988
7 No. AIS /.
Sh...
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G71 of 1987 ) )
GENERAL DIVISION
BETWEEN:
GIORGIO BELPERIO and MARIA BELPERIO
Applicants - and ~
MUNCHIES MANAGEMENT PTY LTD and LARRY MANNO
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER : FORSTER J.
WHERE MADE H ADELAIDE
DATE OF ORDER 'os 9 JUNE 1988
THE COURT ORDERS THAT:
1. Judgment be entered for the applicants against the
respondents in the sum of $285,000.
2. The second respondent indemnify the applicants against any claim by Elizabeth Town Centre with respect to rent and other payments due by the applicants to Elizabeth Town Centre pursuant to indenture of assignment dated 22 November 1987.
3. The respondents pay the applicants' costs to be taxed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. G71 of 1987
ee ew
GENERAL DIVISION
BETWEEN:
GIORGIO BELPERIO and MARIA BELPERIO
Applicants - and -
MUNCHIES MANAGEMENT PTY LTD and LARRY MANNO
Respondents
REASONS FOR JUDGMENT
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