Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd & Ors [1995] FCA 671

CATCHWORDS TRADE PRACTICES - Misleading or deceptive conduct - sale of shopping centre - alleged misrepresentations by vendor's real estate agent - findings of the trial judge concerning the existence of misrepresentations - whether there was reliance - whether damage proved. APPEAL - findings based on assessment of witnesses - whether open on the evidence - circumstances in which an appellate court might interfere. DAMAGES - Assessment - Valuation - finding that it was not shown that the shopping centre was not worth the price paid for it - exact valuation by primary judge not necessary. COSTS - "Calderbank " letter - Pre-trial settlement offer by respondents - offer was an attempt to settle all causes of action - offer rejected by the appellants - appellants successful at first instance in one cause of action only - offer greater than damages ultimately awarded - one cause of action was discontinued and may still be asserted - appellant not awarded costs after date offer closed - whether valid exercise of costs discretion. Paul Mitchell Systems (Australia) Pty Ltd v Paul Mitchell Systems Pty Ltd (an unreported decision of the Full Court (French, Lee & Cooper JJ) of 21 July 1995) Devries v Australian National Railways Commission (1993) 177 CLR 472 Pettitt v Dunkley [1971] 1 NSWLR 376 NRMA Insurance Ltd v Tatt (1990) 92 ALR 299 Spencer v The Commonwealth (1907) 5 CLR 418 Leichhardt Municipal Council v Seatainer Terminals Pty Ltd (1981) 48 LGRA 409 Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 Calderbank v Calderbank [1976] Fam 93 Messiter v Hutchinson (1987) 10 NSWLR 525 Douglas v Minister for Aboriginal & Torres Strait Islander Affairs (an unreported decision of Carr J of 24 May 1995) Lewis v Cummings (an unreported judgment of Wilcox J of 29 May 1992) MAGENTA NOMINEES PTY LTD v RICHARD ELLIS (WESTERN AUSTRALIA) PTY LTD & ORS No. WAG 66 of 1994 Spender, French & Lee JJ Perth 29 August 1995