Karedis Enterprises Pty Ltd & Anor v Antoniou, R. & Anor [1995] FCA 463

CATCHWORDS

TRADE PRACTICES - misleading and deceptive conduct - representations of anticipated takings from cafe business - whether findings of trial judge should be set aside.

DAMAGES - offer to acquire lease - offer not accepted by lessee - whether lessee's damages should be reduced by the full amount of the offer.

LIMITATION OF ACTIONS - date from which limitation period should commence where loss - contingent damage sufficient when loss ascertained or reasonably ascertainable. Trade Practices Act 1974 (Cth): ss52, 82, 87 Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514; discussed. Potts v Millar (1940) 64 CLR 282; applied. Gould v Vaggelas (1985) 157 CLR 215; applied. KAREDIS ENTERPRISES PTY LIMITED AND GREENFRIARS PTY LIMITED v RITA ANTONIOU AND MICHAEL ANTONIOU

No NG002 of 1995 CORAM: BURCHETT, HILL & SACKVILLE JJ PLACE: SYDNEY DATED: 5 JULY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG002 of 1995 ) GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: KAREDIS ENTERPRISES PTY LIMITED AND GREENFRIARS PTY LIMITED Appellants AND: RITA ANTONIOU AND MICHAEL ANTONIOU Respondents CORAM: BURCHETT, HILL & SACKVILLE JJ PLACE: SYDNEY DATED: 5 JULY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. The judgment in favour of the applicant be set aside. 3. Application be remitted to Justice Einfeld to determine in accordance with law: (a) whether cause of action under the Trade Practices Act 1974 statute barred; and if so (b) whether the applicants should succeed in their claims at common law; (c) the damages, if any, to which the applicants are entitled, having regard in particular to the amount the respondents are entitled to recover on the cross-claim. 4. Judgment on cross-claim set aside. 5. Cross-claim be remitted to his Honour to determine the amount of rent payable by the applicants. THE COURT DIRECTS THAT: 1. The appellants file and serve written submissions on the question of costs within seven days of these reasons being delivered. 2. The respondents file and serve written submissions in reply within a further seven days of being served with the appellants' submissions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.