Airberg Pty Ltd & Ors v Cut Price Deli Pty Ltd & Ors [1998] FCA 893

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES – misleading and deceptive conduct – purchase of delicatessen franchise – whether certain representations made prior to purchase – if so, whether representations false – if so, whether representations relied upon – whether alleged misrepresentations caused loss – whether causes of action based on Trade Practices Act 1974 (Cth) and Fair Trading Act 1987 (NSW) brought within time – time for accrual of cause of action where misrepresentation induces purchase of business. DEEDS – deed of release – whether deed intended to preclude suits based on statutory causes of action – meaning of expression "at common law and/or in equity" – privity of contract – whether non-parties may enforce deed which purports to preclude action being brought against them – whether deed may be enforced by a person who was a party to the deed – whether such a person must be joined as a party to enforce deed. Trade Practices Act 1974 (Cth) ss 52, 82 (2) Fair Trading Act 1987 (NSW) ss 42, 68 (2) Commissioner for Railways for the State of Queensland v Peters (1991) 24 NSWLR 407 referred to Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 considered Snelling v John Snelling Ltd [1973] 1 QB 87 applied Bahr v Nicolay [No 2] (1988) 164 CLR 604 applied Hawkins v Clayton (1988) 164 CLR 539 referred to Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 applied Karedis Enterprises Pty Ltd v Antoniou (1995) 59 FCR 35 applied AIRBERG PTY LTD & Ors v CUT PRICE DELI PTY LTD & Ors NG 388 of 1995 LINDGREN J SYDNEY 3 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 388 of 1995

BETWEEN: airberg pty limited

(acn 051 085 495)

First Applicant

michael douglas faulkner