Serenity Holdings P/L & Anor v. Bacchus Holdings P/L & Ors [1994] FCA 817

JUDGMENT NOx oe 8 Donel ot

AT H_W RD

TRADE PRACTICES - misleading or deceptive conduct -

statements as to takings of business.

EVIDENCE - claim against estates of deceased persons - no additional onus on claimant but Court to guard against danger

of false claims against deceased persons.

Liquor Act 1988 (W.A.) Trade Practices Act 1974 s.52

Birmingham v Renfrew (1937) 57 CLR 666 Noonan v Martin (1987) 10 NSWLR 402

etu Executors and Trustees Association of Australia Ltd v Wright (1917) 23 CLR 185

Plunkett v Bul] (1915) 19 CLR 544

E ITY DIN PTY LTD D_STUART RONALD THORPE V. BACCH

N TY LTD AND KATHRYN THERESA FLAVEL AS EXECUTRIX OF E TA' iF ME FLAVEL AND PERPET TRUSTEES WA LTD A' E ESTATE ROBERT TTHEW.

WAG 87 OF 1994

SHEPPARD, GUMMOW AND LEE JJ PERTH 2 NOVEMBER 1994

RECEIVED -7 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

ee ee ew

No WAG 87 of 1994

IN_ APP FROM A D F THE FEDERAL RT OF AUST

BETWEEN: SERENITY HOLDINGS PTY LTD

and

First Appellant

STUART RONALD THORPE

and

Second Appellant

BACCHUS HOLDINGS PTY LTD

and

KATHRYN THERESA FLAVEL

First Respondent

IA

Executrix of the Estate

GRAEME FLAVEL and PERPETUAL TRUSTEES WA LTD as Executor of

the Estate of ROBERT MATTHEWS

Second Respondents

MINUTE OF ORDER

THE COURT : DATE OF ORDER : 2 NOVEMBER 1994 WHERE MADE 3 PERTH HI RT _ ORDER; 'HAT : 1. The appeal be allowed.

2. Judgment be set aside and a new trial granted.

SHEPPARD, GUMMOW AND LEE JJ

The costs of the trial to abide outcome of the new

trial.

The respondents pay the appellants' costs of the

appeal.

Note: Settlement and entry of orders is dealt with

in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

BETWEEN:

E RT:

this Court

AL FROM A

No WAG 87 of 1994

ee er eee we

DGE OF THE FEDERAL RT OF AUSTRALI