Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bluehive Pty Ltd v Dukemaster Pty Ltd [2000] FCA 1307
TRADE PRACTICES – misleading or deceptive conduct in contravention of s 52 of Trade Practices Act 1974 (Cth) – first applicant leased premises in food court in retail complex – whether particular representations made by respondent – whether representations misleading or deceptive – whether first applicant relied upon representations – assessment of damages under s 82 of Act – whether first applicant responsible for loss or damage sustained – whether representations resulted in loss of a commercial opportunity – whether sale of different business owned by first applicant at loss compensable. CONTRACT – "understanding" reached between parties – terms of understanding reduced to writing – incorporation of earlier document – whether constitutes legally binding contract.
Trade Practices Act 1974 (Cth) ss 52, 82 Ting v Blanche (1993) 118 ALR 543 at 552 referred to Sykes v Reserve Bank of Australia (1999) 21 ATPR 41-699 at 42,902-42,903 referred to Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 at 223 referred to Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 at 197 referred to Yorke v Lucas (1985) 158 CLR 661 at 666 referred to Gould v Vaggelas (1985) 157 CLR 215 referred to Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 at 525 referred to Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 referred to Argy v Blunts and Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112 referred to Trentham (G Percy) Ltd v Archital Luxfer Ltd [1993] 1 Lloyds Rep 25 at 27 referred to Foxtel Management Pty Ltd v Seven Cable Television Pty Ltd [2000] FCA 1159 at pars 130-131 and 143-146 referred to Masters v Cameron (1954) 91 CLR 353 referred to Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 at 355-6 applied Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 referred to Browne v Dunn (1893) 6 R 67 referred to
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