Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE PRACTICES – misleading and deceptive conduct – shopping centre in course of construction – alleged representations as to tenant mix, turnover and prospective nearby competition – whether representation made – whether representations as to 'future matter' – whether non-disclosure amounted to misrepresentation – whether representations relied upon – claim to set-off stock taken on re-entry by landlord against arrears of rent TRADE PRACTICES – damages – calculation of – inclusion of compensation for time and labour expended Trade Practices Act 1974 (Cth) s 51A, 82 Ting v Blanche (1993) 118 ALR 543, Applied Miba Pty Ltd v Nescor Industries Group Pty Ltd (1996) 141 ALR 525, Applied Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31, Distinguished Jaldiver Pty Ltd v Nelumbo Pty Ltd (Heerey J, unreported, 2 December 1992), Mentioned
PHILEMON ALBAN LOBENDHAn & ORS v WEST PERTH INVESTMENTS PTY LTD & ORS
NO. VG 586 of 1995
judge: heerey j
date: 2 october 1998
place: melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY vg 586 of 1995
BETWEEN: PHILEMON ALBAN LOBENDHAN
first applicant
LOUISE LOBENDHAN
second applicant
sANLOW PTY LTD (ACN 064 737 677)
third applicant
AND: WEST PERTH INVESTMENTS PTY LTD (ACN 009 106 496)
first respondent
LANCIA HOLDINGS PTY LTD (ACN 054 269 715)
second respondent
BRIAN JENNINGS
third respondent
BETWEEN: WEST PERTH INVESTMENTS PTY LTD (ACN 009 106 496)
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