Tantipech, John Pravit & Anor v IOOF Australia Trustees (NSW) Ltd [1998] FCA 7

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES - misleading and deceptive conduct - lease of shop in shopping centre - representations by landlord as to occupancy levels and other matters - whether representations constituted misleading and deceptive conduct - effect of deed of acknowledgment - whether there was a causal nexus between the representations made and the damage suffered Trade Practices Act 1974 (Cth): ss 52, 82 Winterton Constructions Pty Ltd v Hambros Australia Ltd (1992) 39 FCR 97: cited Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31: cited James v ANZ Banking Group Ltd (1986) 64 ALR 347: cited Oraka Pty Limited v Leda Holdings (1997) ATPR 41-558: cited Kenny & Good Pty Limited v MGICA (1992) Limited (1997) ATPR 41-576: cited JOHN PRAVIT TANTIPECH and P O & SONS PTY LIMITED v IOOF AUSTRALIA TRUSTEES (NSW) LIMITED NG 642 of 1996 LOCKHART J SYDNEY 16 JANUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 642 of 1996

BETWEEN: JOHN PRAVIT TANTIPECH

First Applicant

P O & SONS PTY LIMITED

Second Applicant

AND: IOOF AUSTRALIA TRUSTEES (NSW) LIMITED

Respondent

JUDGE: LOCKHART J

DATE OF ORDER: 16 january 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant bring in short minutes of order on a date to be fixed to give effect to the Court's reasons for judgment. 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 ng 642 of 1996

BETWEEN: JOHN PRAVIT TANTIPECH

First Applicant

P O & SONS PTY LIMITED

Second Applicant

AND: IOOF AUSTRALIA TRUSTEES (NSW) LIMITED

Respondent

JUDGE: LOCKHART J

DATE: 16 JANUARY 1998