Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - Trade Practices Act 1974, s 52 - lease of shop in shopping centre - representations by landlord as to occupancy levels - whether subsequent failure to correct impression conveyed by such representations misleading and deceptive conduct - whether lessee relied upon failure to correct in entering into the agreement for lease - whether lessee relied on later misrepresentation by landlord - effect of provisions of lease purporting to exclude liability for any reliance on representations - effect of allegations in cross-claim.
Trade Practices Act 1974 (Cth), ss 52, 82
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191, cited Bevanere v Lubidineuse (1984) 7 FCR 325, cited Demagogue Pty Ltd v Ramensky (1993) 39 FCR 31, followed Concrete Constructions NSW Pty Ltd v Nelson (1990) 169 CLR 594, applied Fraser v NRMA Holdings Ltd (1995) 55 FCR 452, followed Kimberley NZI Finance Ltd v Torero Pty Ltd [1989] ATPR (Digest) 46-054, applied Lam v Ausintel Investments Australia Pty Ltd (1989) 97 FLR 458, cited Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1989) ATPR (Digest) 46-048, cited HW Thompson Building Pty Ltd v Allen Property Services Pty Ltd (1983) 48 ALR 667, cited March v E & M H Stramare Pty Limited (1991) 171 CLR 506, cited Elders Trustee and Executor Co Ltd v E G Reeves Pty Ltd (1987) 78 ALR 193, cited Warren v Coombes (1979) 142 CLR 531, applied Italiano v Barbaro (1993) 40 FCR 303, applied Clark Equipment Australia Ltd v Covcat Pty Ltd (1987) 71 ALR 367, cited Kabwand Pty Ltd v National Australia Bank Ltd (1989) 11 ATPR 40-950, cited Argy v Blunts Lane Cove Real Estate (1990) 26 FCR 112, cited
leda holdings pty limited v
ORAKA PTY LIMITED & ANOR
NG 320 of 1997
BEAUMONT, BRANSON & EMMETT JJ
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