Elitegold P/L v. Australia Fair Shopping Centres P/L & Ors [1994] FCA 792

JUDGMENT No. seal 22.7 GE

CATCHWORDS

TRADE PRACTICES - misleading and deceptive conduct - whether employees of one or more of the respondents made misleading or deceptive representations to applicant during negotiations concerning entry into lease of fruit shop at shopping centre - whether applicant relied on misleading or deceptive conduct made by employee of respondent.

CORPORATIONS - corporation dominated by particular director - determination of corporate mind of corporation.

Trade Practices Act 1974 (Cth); 5.52. Ricochet Pty Ltd v Equity Trustees Executors and Agency

Company Ltd (1993) 41 FCR 229, applied.

ELITEGOLD PTY LIMITED v r A PPIN EN TY D MENT: LD) PTY

No NG 55 of 1992

HILL J SYDNEY 28 OCTOBER 1994

RECEIVED 1- NOV 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

STR TRY ) No NG55 of 1992 ) )

LITEGOLD P Applicant

AND: AUSTRALIA FAIR SHOPPING CENTRES PTY LIMITED Second Respondent

DINGS PTY LTD Fourth Respondent

Cc VELOPMENTS LD) PT Fifth Respondent

First Respondent (proceedings discontinued)

Third Respondent (proceedings discontinued)

Sixth Respondent (application dismissed by consent )

Seventh Respondent -— (application dismissed by consent)

3 HILL J PLACE: SYDNEY

DATED 28 OCTOBER 1994 NUTES OF 0 THE_COURT ORDERS THAT: 1. Application dismissed. 2. Stand over proceedings to a date to be fixed for argument on the question of costs. Note: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

TO US TRA:

s REGISTRY ) No NG55 of 1992 ) )

BETWEEN: ELITEGOLD PTY LIMITED Applicant

A IA F SH PTY LIMITED

Second Respondent

CM HOLDINGS PTY LTD Fourth Respondent

E

Cc VELOPMENTS LD TY Fifth Respondent

First Respondent (proceedings discontinued)

Third Respondent (proceedings discontinued)

Sixth Respondent (application dismissed by consent )

Seventh Respondent — (application dismissed by consent)