Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jacara Pty Ltd v Perpetual Trustees WA Ltd [2000] FCA 595
TRADE PRACTICES ‑ Misleading and deceptive conduct ‑ Shopping centre lease ‑ Alleged misrepresentations regarding redevelopment. EVIDENCE ‑ Shopping centre lease ‑ Alleged misrepresentations regarding redevelopment ‑ Representations allegedly made to other potential lessees ‑ Disallowance of propensity evidence ‑ Cross examination as to credit of alleged representor based on representations to other lessees ‑ Whether such evidence has "substantial probative value" ‑ Whether "probative value" assessed by reference to questions in issue or to credibility of witness. . Trade Practices Act 1974 s 51A, 52 Evidence Act 1995, s 102, 103
Namol Pty Ltd v A W Baulderstone Pty Ltd (1993) 119 ALR 187 applied Nagy v Masters Dairy Ltd (1997) 150 ALR 301 applied Jacara Pty Ltd v Auto‑Bake Pty Ltd [1999] FCA 417 considered R v Beattie (1996) 40 NSWLR 155 applied Preston Road Transport Insurance Pty Ltd [1982] 1 All ER 41 cited Thors v Weekes (1989) 92 ALR 131 distinguished Knight v FP Special Assets Ltd (1992) 174 CLR 178 applied Oz B and S Pty Ltd v Elders IXL Ltd (1993) 117 ALR 128 cited JACARA PTY LTD v PERPETUAL TRUSTEES WA LTD and PERPETUAL TRUSTEES WA LTD v JACARA PTY LTD, ROBERT GORDON and ASHLEY WILLIAMS VG 702 of 1996 SUNDBERG J 30 MAY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 702 OF 1996
BETWEEN: JACARA PTY LTD (ACN 005 876 479)
APPLICANT
AND: PERPETUAL TRUSTEES WA LTD (ACN 008 666 886)
RESPONDENT
AND BETWEEN: PERPETUAL TRUSTEES WA LTD (ACN 008 666 886
CROSS CLAIMANT
AND JACARA PTY LTD (ACN 005 876 479),
ROBERT GORDON and ASHLEY WILLIAMS
CROSS RESPONDENTS
JUDGE: SUNDBERG J
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