Woodco Pty Ltd v Hollybank Pty Ltd & Ors [1995] FCA 34

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG419 of 1994 ) GENERAL DIVISION )

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WOODCO PTY LIMITED Appellant AND: HOLLYBANK PTY LIMITED MARGARET ANNE HOCHBERGER STEPHEN ROBERT HOCHBERGER Respondents HOLLYBANK PTY LIMITED MARGARET ANNE HOCHBERGER STEPHEN ROBERT HOCHBERGER Cross Appellants WOODCO PTY LIMITED Cross Respondent

COURT: LOCKHART, LEE and WHITLAM JJ. DATE: 7 FEBRUARY 1995 PLACE: SYDNEY MINUTE OF ORDER THE COURT ORDERS THAT: 1. Order 1 made by Davies J. on 22 June 1994 be varied so that it reads as follows: "1. The first applicant (Hollybank) be entitled to be paid damages by the respondent (Woodco) in the sum of $350,000 plus interest in the sum of $193,689.39 making a total of $543,689.39."

- 2 - 2. Order 2 of Davies J. be set aside. 3. Order 3 of Davies J. be confirmed. 4. Order 4 of Davies J. be confirmed but substituting the sum of $398,457.10 for $232,074.21. 5. Order 5 of Davies J. be confirmed. 6. Otherwise the appeal and cross-appeal be dismissed. 7. Woodco pay to the respondents two-thirds of their costs of the appeal and cross-appeal.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

CATCHWORDS TRADE PRACTICES - whether misleading and deceptive conduct in the course of the sale of a leasehold business - whether statement of amount of wages was a misrepresentation - whether there was reliance upon the representation as to wages when same were submitted for analysis by consultants upon whose analysis reliance was placed. TRADE PRACTICES - DAMAGES - assessment of damages - calculation of damages - whether trial Judge erred in his assessment of damages.

Trade Practices Act 1974, ss. 52, 82, 87. Income Tax Assessment Act 1936, Part VI. WOODCO PTY LIMITED v HOLLYBANK PTY LIMITED, MARGARET ANNE HOCHBERGER, STEPHEN ROBERT HOCHBERGER NG419 of 1994 LOCKHART, LEE and WHITLAM JJ. 7 FEBRUARY 1995 SYDNEY