IOOF Australia Trustees (NSW) Ltd ACN 000 329 706 v Tantipech, John Pravit & Anor [1998] FCA 924

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES – Misleading or deceptive conduct – Defences – Tenant leasing in shopping centre – Representations by landlord as to extent to which centre already let and as to whether shops surrounding tenant's proposed shop had been let – Inducement – Deed of acknowledgment by tenant that no representations made by landlord – Relevance of deed to whether tenant in fact induced to take lease – Whether deed a bar to claim for relief. Trade Practices Act 1974 s 52 Oraka Pty Ltd v Leda Holdings Pty Ltd (1997) ATPR 41‑558; (1998) ATPR 41‑601 considered Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (1992) 111 ALR 61 applied Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1987) 79 ALR 83 applied J L W (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 mentioned Waltip Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) ATPR 40‑975 considered Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1989) ATPR 46‑048 considered

IOOF AUSTRALIA TRUSTEES (NSW) LIMITED ACN 000 329 706 v JOHN PRAVIT TANTIPECH and P O & SONS PTY LIMITED NG 155 of 1998

LEE, NICHOLSON and SUNDBERG JJ

4 AUGUST 1998

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 155 of 1998

BETWEEN: IOOF AUSTRALIA TRUSTEES (NSW) LIMITED ACN 000 329 706

Appellant

AND: JOHN PRAVIT TANTIPECH

First Respondent

P O & SONS PTY LIMITED

Second Respondent

JUDGES: LEE, NICHOLSON and SUNDBERG JJ

DATE OF ORDER: 4 AUGUST 1998

WHERE MADE: melbourne

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondents' taxed costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA