Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - Misleading or deceptive conduct - purchase of business (coffee shop) and lease of premises - false representation about trading figures - measure of damages - damages for past and future loss quantified by reference to difference between turnover achievable under effective management and turnover represented - no damages awarded for opportunity loss - Trade Practices Act 1974 (Cth) s 52, 82. PRACTICE AND PROCEDURE - Trial - cross-examination - credibility - party's right to a fair hearing does not entitle party to conduct its case as it sees fit irrespective of time taken. Trade Practices Act 1974 (Cth), ss 52, 82 Ricochet Pty Ltd v Equity Trustees Executors and Agency Company Ltd (1993) 41 FCR 229 applied Gould v Vaggelas (1985) 157 CLR 215 applied Kizbeau Pty Ltd v W G & B Pty Ltd (1995) 184 CLR 281 applied Netaf Pty Ltd v Bikane Pty Ltd (1990) 92 ALR 490 applied Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 applied Munchies Management Pty Ltd v Belperio (1988) 84 ALR 700 applied Gates v City Mutual Life Assurance Society Ltd (1985-1986) 160 CLR 1 considered UTSA Pty Ltd (in liq) v Ultra Tune Australia Pty Ltd (1996) 21 ACSR 457 applied Ashmore v Corporation of Lloyd's [1992] 1 WLR 446 applied STARBORNE HOLDINGS PTY LTD v RADFERRY PTY LTD & ORS QG 125 OF 1996 DRUMMOND J BRISBANE 27 APRIL 1998
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY qg 125 of 1996
BETWEEN: STARBORNE HOLDINGS PTY LTD
(ACN 071 108 453)
Applicant
AND: RADFERRY PTY LTD
(ACN 011 018 867)
First Respondent
LOUIE ZENONOS, SAM ZENONOS AND JOHN ZENONOS
Second RespondentS
JUDGE: DRUMMOND J
DATE OF ORDER: 27 APRIL 1998
WHERE MADE: BRISBANE
It is adjudged that:
1. The first respondent, Radferry Pty Ltd [ACN 011 018 867], and the second respondents, Louie Zenonos, Savvas (also known as Sam) Zenonos and John Zenonos, pay to the applicant, Starborne Holdings Pty Ltd [ACN 071 108 453], damages in the amount of $174,268.47.
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