Eatten's Pty Ltd v J L W (NSW) Pty Ltd & Ors [1998] FCA 91

FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - misleading and deceptive conduct - whether applicant induced to enter into a lease of premises in shopping centre by misrepresentations - whether misleading statements made - whether reasonable grounds for statements - reliance - failure to make full and frank disclosure - whether circumstances existed giving rise to a duty to disclose information.

Trade Practices Act 1974 (Cth), ss 52, 82 Leda Holdings Pty Limited v Oraka Pty Limited (Full Court, 9 December 1997, unreported), applied

Fraser v NRMA Holdings Ltd (1995) 55 FCR 452, followed Kimberley NZI Finance Ltd v Torero Pty Ltd [1989] ATPR (Digest) 46-054, cited Demagogue Pty Ltd v Ramesky (1993) 39 FCR 31, cited

EATTEN'S PTY LIMITED v

J L W (NSW) PTY LIMITED & ORS

NG 802 of 1996 BRANSON J SYDNEY

20 february 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 802 of 1996

BETWEEN: EATTEN'S PTY LIMITED

ACN: 008 596 316

Applicant

AND: J L W (NSW) PTY LIMITED

ACN: 002 851 925

First Respondent

THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED

ACN: 004 021 809

Second Respondent

PERMANENT TRUSTEE AUSTRALIA LIMITED

ACN: 008 412 913

Third Respondent

JUDGE(S): BRANSON J

DATE OF ORDER: 20 february 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. Judgment be entered for the third respondent on its cross-claim. 3. The third respondent is to file and serve short minutes of order which reflect the reasons of the Court with respect to its cross-claim. 4. The parties have liberty to apply.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.