Federal Court of Australia
CATCHWORDS TRADE PRACTICES - application for damages for misleading conduct in relation to an agreement for lease of a fruit shop at first instance - whether agreement for lease entered into in reliance upon representation found to have been made that a survey predicted a certain weekly turnover. TRADE PRACTICES - whether appellant can establish reliance by showing that active interest in leasing fruit shop by reason of misrepresentation - whether representation had effect of "propelling" down the path of further inquiry - whether investigations by a representee which confirm or tend to confirm the representation cannot displace the operative effect of the initial representation so as to establish lack of reliance. APPEAL - conflict of evidence at trial - whether finding of fact by trial judge based on credibility of witness should be set aside - discussion of principles. APPEAL - whether trial judge misapplied relevant legal principles.
PRACTICE and PROCEDURE - whether procedural unfairness not to put certain matters to witness in cross-examination. Trade Practices Act 1974 (Cth) s 82 Abalos v Australian Postal Commission (1990) 171 CLR 167 Devries v Australian National Railways Commission (1993) 177 CLR 472 Warren v Coombes (1979) 142 CLR 531 The Saints Gallery Pty Ltd v Plummer (1988) 80 ALR 525 Browne v Dunn (1894) 6 R 67 Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Hoskins v Repatriation Commission (1991) 32 FCR 443
Dolan v Australian and Overseas Telecommunications Corporation (1993) 42 FCR 206 R v Birks (1990) 19 NSWLR 677 A Royale and Co (Aust) Pty Ltd v Harold Scruby Consultants Pty Ltd (unreported, NSW Court of Appeal, 12 April 1988) Ghazal v Government Insurance Office of New South Wales (1992) 29 NSWLR 336 Gould v Vaggelas (1985) 157 CLR 215 Pasko v Trela (1951) 46 NW (2d) 139 Ricochet Pty Ltd v Equity Trustees Executors and Agency Company Limited (1993) 41 FCR 229 March v E & M H Stramare Pty Limited (1991) 171 CLR 506 ELITEGOLD PTY LIMITED (Appellant) CM HOLDINGS PTY LTD, AUSTRALIA FAIR SHOPPING CENTRES PTY LTD and CM DEVELOPMENTS (QLD) PTY LTD (Respondents) No NG 800 of 1994 Jenkinson, Tamberlin and Sackville JJ Sydney 28 June 1995
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