Farlwent Pty Ltd v Comserv (No. 2087) Pty Ltd t/as Cooinda Caravan Park & Ors [1997] FCA 910

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES - whether conduct was misleading or deceptive or likely to mislead or deceive.

TORT - Deceit - whether misrepresentations made with fraudulent intent.

Trade Practices Act 1974 (Cth) - s 52, s 75B

Fair Trading Act 1987 (NSW) - s 42

Briginshaw v Briginshaw (1938) 60 CLR 336

Gould v Vaggelas (1958) 157 CLR 215

FARLWENT PTY LIMITED -v- COMSERV (NO. 2087) PTY LIMITED (Trading as Cooinda Caravan Park), PETER DAVID HARVEY AND LYNETTE KAY HARVEY, and VERTEX INVESTMENTS PTY LIMITED (Trading as Cooinda Caravan Village)

No. NG 859 of 1995

JUDGE: FOSTER J PLACE: SYDNEY DATED: 10 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 859 of 1995 ) GENERAL DIVISION )

BETWEEN: FARLWENT PTY LIMITED (ACN 002 560 956)

Applicant

AND: COMSERV (NO. 2087) PTY LIMITED (ACN 003 630 251) (Trading as Cooinda Caravan Park)

First Respondent

PETER DAVID HARVEY AND LYNETTE KAY HARVEY

Second Respondents

VERTEX INVESTMENTS PTY LIMITED (ACN 057 416 207) (Trading as Cooinda Caravan Village)

Third Respondent

JUDGE: FOSTER J PLACE: SYDNEY DATED: 10 SEPTEMBER 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. Judgment be entered for the applicant against the respondents in the sum of $273,709.86. 2. The respondents pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 859 of 1995 ) GENERAL DIVISION )

BETWEEN: FARLWENT PTY LIMITED (ACN 002 560 956)