Mikaelian v Commonwealth Scientific & Industrial Research Organisation [1999] FCA 610

FEDERAL COURT OF AUSTRALIA

Mikaelian v Commonwealth Scientific & Industrial

Research Organisation [1999] FCA 610 CONTRACT – whether a contract existed – agreement to lease – whether informal agreement between the parties was binding – whether agreement had been reached on fundamental terms. TRADE PRACTICES – Section 52 – misleading and deceptive conduct – whether failing to disclose to a potential lessee a right of first refusal vested in a third party constitutes misleading and deceptive conduct by the lessor – whether the Court should grant a declaration that s 52 had been breached – applicant told by third party of the existence of right of first refusal – declaration not granted. Masters v Cameron (1954) 91 CLR 353 at 360 cited Geebung Investments Pty Ltd v Varga Group Investments No.8 Pty Ltd (1995) 7 BPR 14,551 cited Demagogue Pty Ltd v Ramensky (1992) 110 ALR 608 cited Warner v Elders Rural Finance Ltd (1992) 113 ALR 517 cited General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164 cited Hanave Pty Ltd v LFOT Pty Ltd [1999] (unreported, 1 April 1999, FCA 357) cited Winterton Constructions Pty Ltd v Hambros Australia Ltd (1992) 111 ALR 649 cited Colliers Jardine (NSW) Pty Ltd v Balog Investments Pty Ltd (1995) ATPR (Digest) 46-140 cited Lam v Austinel Investments Australia Pty Ltd (1990) ATPR 40-990 referred to Poseidon Ltd v Adelaide Petroleum NL (1992) ATPR 41-164 referred to Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No. 2) (1993) 41 FCR 89 cited Odhams Press Ltd v London and Provincial Sporting News Agency (1929) Ltd [1936] Ch 357 cited The Dairy Farmers' Co-operative Milk Company Ltd v The Commonwealth (1946) 73 CLR 381 cited

RAFFI MIKAELIAN v

COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION AND COLLIERS JARDINE (NSW) PTY LIMITED