Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tenji v Henneberry & Associates Pty Ltd (ACN 009 168 629) [2000]
FCA 550
TRADE PRACTICES – misleading or deceptive conduct – contravention of s 52 of Trade Practices Act – sale of land – service station premises – misrepresentations as to value, rent and fuel sales – non-disclosure amounting to misleading or deceptive conduct – presence of easements – adequacy of fuel tanks – notice of purported rescission – no undertaking to account to vendors – small difference between value of land and purchase price – claim for avoidance of contract ab initio – s 87(2)(a) Trade Practices Act – criteria for grant of relief – relevance of equitable analogues – whether relief limited to declarations relating to contracts void by operation of some other rule of law – appeal allowed – cross-appeals dismissed – order for avoidance of contract – conditions attaching to declaration.
Trade Practices Act 1974 (Cth) s 52, s 87
Trade Practices Act Amendment Act 1977 (No 81 of 1977)
Trade Practices Revision Act 1986 (No 17 of 1987)
Trade Practices Legislation Amendment Act 1992 (No 222 of 1992)
Trade Practices Amendment (Fair Trading) Act 1998 (No 36 of 1998)
Trade Practices Commission v Milreis (1977) 29 FLR 144 distinguished
Sent v Jet Corporation of Australia Pty Ltd (1986) 160 CLR 540 cited
Fenech v Sterling (1984) 4 FCR 372 discussed
Kizbeau Pty Ltd v W G & B Pty Ltd (1995) 184 CLR 281 applied
Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 applied
Webb Distributors (Aust) Pty Ltd v Victoria (1993) 179 CLR 15 distinguished
Mister Figgins Pty Ltd v Centrepoint Freeholds Pty Ltd (1981) 36 ALR 23 discussed
Collier v Electrum Acceptance Pty Ltd (1986) 69 ALR 355 discussed
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546 applied
Munchies Management Pty Ltd v Belperio (1988) 84 ALR 700 referred to
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