Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct - representations to natural person concerning lease of a shop - whether company of which representee is majority shareholder and director can rely on representation for s 82 damages. DAMAGES - misleading and deceptive conduct - whether loss suffered before falsification of representation recoverable - measure of loss where there are concurrent causes of loss.
Trade Practices Act 1974 ss 52 and 82 Precision Plastics Pty Ltd v Demir (1975) 132 CLR 362 Wardley Australia Limited v The State of Western Australia (1992) 175 CLR 514 Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 37 FCR 526; (1992) 109 ALR 638 Emanuele v The Chamber of Commerce & Industry (1994) ATPR (Digest) ¶46-121 Kizbeau Pty Ltd v W G & B Pty Ltd (1995) 69 ALJR 787 Netaf Pty Ltd v Bikane Pty Ltd (1990) 92 ALR 490 Jaldiver Pty Ltd v Nelumbo Pty Ltd(unreported, Heerey J, 2 December 1992, Melbourne) Gould v Vaggelas (1985) 157 C.L.R. 215 Marchv Stramare (E. & M.H.) Pty Ltd & Anor (1991) 171 C.L.R. 506 Fitzgerald v Penn (1954) 91 CLR 268 Finucane v New South Wales Egg Corporation (1988) 80 ALR 486 SUSAN PENDER JEWELLERY PTY LTD v MIRAGE (OPERATIONS) PTY LTD & ORS No. VG 241 of 1989
SPENDER J BRISBANE 5 AUGUST 1996
IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. VG 241 of 1989 GENERAL DIVISION ) BETWEEN : SUSAN PENDER JEWELLERY PTY LTD Applicant AND : MIRAGE (OPERATIONS) PTY LTD First Respondent AND : BAILLIEU KNIGHT FRANK (GOLD COAST) PTY LTD Second Respondent AND : MIRAGE (MANAGEMENT) LTD Third Respondent AND : ANZ EXECUTORS AND TRUSTEE COMPANY LIMITED Fourth Respondent CORAM: Spender J PLACE: Brisbane DATE: 5 August 1996 MINUTES OF ORDER
THE COURT ORDERS THAT:
1. Judgment for the applicant against the second respondent for $107,800.00. 2. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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