Oraka Pty Ltd & Anor v Leda Holdings Pty Ltd [1997] FCA 297

CATCHWORDS

Trade Practices Act, s 52 - shopping centre lease - predictions by agent as to shops that would be occupied, made on reasonable grounds at time, but falsified by events - misrepresentation by failure to correct statements when they became known to be false - effect of clauses purporting to exclude liability for representations and to represent and warrant that none have been made - causation - construction of s 87 - effect of assignment of lease, vulnerable to setting aside under s 87, to a third party - power to order contravener to indemnify an applicant against liabilities under the assigned lease. Trade Practices Act 1974, ss 52, 87 Elconnex Pty Limited v Gerard Industries Pty Limited (1991) 32 FCR 491 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Winterton Constructions Pty Ltd v Hambros Australia Limited (1992) 39 FCR 97 Clark Equipment Australia Ltd v Covcat Pty Ltd (1987) 71 ALR 367 Lezam Pty Ltd v Seabridge Australia Pty Ltd (1992) 35 FCR 535 GIO Australia Holdings Limited v Marks (1997) ATPR 43,541 Brookteck Pty Limited v Lumocol Australia Pty Limited (unreported, Tamberlin J, 23 October 1996) Krambousanos v Jedda Investments Pty Ltd (1996) 64 FCR 348 Munchies Management Pty Ltd v Belperio (1988) 58 FCR 274 Deane v Brian Hickey Invention Research Pty Ltd (1988) 10 ATPR 49,608

ORAKA PTY LIMITED & ANOR -V- LEDA HOLDINGS PTY LIMITED NG 403 of 1995 Burchett J Sydney 4 April 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 403 of 1995 ) GENERAL DIVISION ) BETWEEN: ORAKA PTY LIMITED First Applicant

AND: BRYAN CLIFFORD JOHNSON Second Applicant AND: LEDA HOLDINGS PTY LIMITED Respondent CORAM: Burchett J. PLACE: Sydney DATE: 4 April 1997

MINUTE OF ORDER

THE COURT ORDERS THAT the applicants bring in on a date to be fixed short minutes of orders appropriate to be made pursuant to the reasons of the Court. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.