Como Investments Pty Ltd (In Liq) & Anor v Yenald Nominees Pty Ltd & Anor [1997] FCA 12

CATCHWORDS TRADE PRACTICES ACT - s.52, misleading or deceptive conduct - reliance - whether the applicant's own conduct negatived reliance - inference, where representation having persuasive force preceded action, that the action was influenced by the representation - inference that where someone considers it in his interest to misrepresent matters related to his own business the misrepresentation was persuasive - causation - trial judge's findings made on oral evidence - failure of trial judge to discuss particular evidence not a basis to conclude he overlooked it - assessment of damages in case of a tenanted building sold as an investment bringing in a good rental, the tenant being in fact close to failure. Trade Practices Act 1974, ss.52, 82 San Sebastian Proprietary Limited v Minister administering the Environmental Planning and Assessment Act 1979 (1986) 162 CLR 340 Gould v Vaggelas (1985) 157 CLR 215 Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563 Dominelli Ford (Hurstville) Pty Ltd v Karmot Auto Spares Pty Ltd (1992) 110 ALR 535 Commission for the New Towns v Cooper (Great Britain) Ltd [1995] Ch. 259 Devries v Australian National Railways Commission (1993) 177 CLR 472 Rennie v Commonwealth of Australia (1995) 61 FCR 351 Watt or Thomas v Thomas [1947] AC 484 Kizbeau Pty Limited v W G & B Pty Limited (1995) 184 CLR 281 Smith New Court Securities Ltd v Citibank N.A. [1996] 3 WLR 1051 COMO INVESTMENTS PTY LTD (IN LIQUIDATION) & ANOR -V- YENALD NOMINEES PTY LTD & ANOR WAG 37 of 1996 Burchett, Ryan and R.D. Nicholson JJ. Perth 24 January 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) WAG 37 of 1996 ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: COMO INVESTMENTS PTY LTD (IN LIQUIDATION) First Appellant AND: GIACOMO BEVACQUA Second Appellant AND: YENALD NOMINEES PTY LTD First Respondent AND: RICHARD ELLIS (WESTERN AUSTRALIA) PTY LTD Second Respondent CORAM: Burchett, Ryan and R.D. Nicholson JJ. PLACE: Perth DATE: 24 January 1997 MINUTE OF ORDERS OF THE COURT THE COURT ORDERS THAT: (1) The appeal be dismissed as against the first respondent and also as against the second respondent. (2) The appellants pay the costs of the first respondent and of the second respondent. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.