Bowler, Bruce William & Ors v Hilda Pty Ltd [1998] FCA 210

FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - sale of units in real estate development - representation by vendor's agent as to use for home occupation - application by vendor to vary subdivision plan to allow home occupation - variation subsequently rejected - agent's knowledge of vendor's belief - whether relevant - representation as to future matter Trade Practices Act 1974 (Cth) ss 51A, 52, 53A(1)(b) Thompson v Master Touch TV Services Pty Ltd (No.2) (1977) 15 ALR 487 referred to R v Sunair Holidays Limited [1973] 1 WLR at 1109 referred to British Airways Board v Taylor [1976] 1 WLR 13 referred to Stack v Coast Securities No. 9 Pty Ltd (1983) 5 TPR 130 referred to Bill Acceptance Corporation v GWA Limited (1983) 78 FLR 171 referred to Global Sporstman Pty Ltd v Mirror Newspaper Pty Ltd (1984) 2 FCR 82 discussed Futuretronics International Pty Ltd v Gadzhis [1992] 2 VR 217 referred to Wright v TNT Management Pty Ltd (1989) 15 NSWLR 679 Wright v Wheeler Grace & Pierucci Pty Ltd (1989) ATPR 40-940 discussed Cummings v Lewis (1993) 41 FCR 559 referred to Yorke v Lucas (1985) 158 CLR 661 referred to John G Glass Real Estate Pty Ltd v Karawi Constructions Pty Limited (1993) ATPR 41-249 referred to Lezam Pty Ltd v Seabridge Australia Pty Ltd (1992) 35 FCR 535 referred to BRUCE WILLIAM BOWLER and JANELLE JOY BOWLER & ORS v HILDA PTY LIMITED ACT G 74 of 1996 CORAM: BLACK CJ, HEEREY AND COOPER JJ DATE: 25 FEBRUARY 1998 PLACE: MELBOURNE (heard in Canberra) IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY ACT G 74 of 1996 No. ACT G 74 of 1996 B E T W E E N: BRUCE WILLIAM BOWLER and JANELLE JOY BOWLER Appellants - and - HILDA PTY LIMITED (ACN 008 556 616 First Respondent LEADER REAL ESTATE PTY LTD (ACN 059 881 597) Second Respondent LEADER HOLDINGS PTY LTD (ACN 008 567 726) Third Respondent JOHN FREDERICK McDONALD Fourth Respondent JENNIFER McDONALD Fifth Respondent DEREK WHITCOMBE Sixth Respondent REGENCY APARTMENTS PTY LIMITED (ACN 061 914 029) Seventh Respondent LEADER REAL ESTATE PTY LIMITED LEADER HOLDINGS PTY LIMITED and DEREK WHITCOMBE First Cross Claimants HILDA PTY LIMITED First Cross-Respondent REGENCY APARTMENTS PTY LIMITED Second Cross-Respondent CORAM: BLACK CJ, HEEREY and COOPER JJ DATE: 25 FEBRUARY 1998 PLACE: MELBOURNE (heard in Canberra) MINUTES OF ORDER THE COURT ORDERS THAT: 1. Appeal allowed. 2. Orders of the trial judge set aside. 3. Matter remitted to trial judge for further argument on the issue of falsity and any other outstanding issues. 4. Respondents pay the appellants' costs of the appeal. 5. The appellants' costs of the trial and any further hearing to be reserved for the trial judge. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACT G74 OF 1996