Revian v Dasford Holdings Pty Ltd [2002] FCA 676

FEDERAL COURT OF AUSTRALIA

Revian v Dasford Holdings Pty Ltd [2002] FCA 676

PRACTICE AND PROCEDURE - pleadings - representative action - shopping centre tenants - alleged representations inducing entry into shopping centre leases - misleading or deceptive conduct - fraud - negligent misstatement - statements of a promissory or predictive character - application of s 51A of Trade Practices Act- pleading of many non- material facts - inappropriate pleading of s 51A and implied representations as to statements relating to the future - failure to adequately falsify pleaded misrepresentations - failure to plead material facts supporting fraud and negligent misstatement - unconscionable conduct plea - reliance upon misrepresentations and subsequent conduct - voluminous statement of claim - sufficiently flawed that statement of claim as a whole should be struck out - leave to amend. Trade Practices Act 1974 (Cth)

Revian v Dasford Holdings Pty Ltd [2001] FCA 777 cited KANDI LEE REVIAN (FOR AND ON BEHALF OF HERSELF AND AS JOINT TRUSTEE FOR THE GKDK TRUST AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION) v DASFORD HOLDINGS PTY LTD and ORS W 101 of 2001 FRENCH J 28 MAY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 101 of 2001

BETWEEN: KANDI LEE REVIAN (FOR AND ON BEHALF OF HERSELF AND AS JOINT TRUSTEE FOR THE GKDK TRUST AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION)

APPLICANT

AND: KANDI LEE REVIAN AND GRANT WILLIAM THOMPSON AS TRUSTEES FOR THE GKDK TRUST CEASED TRADING AS LEADING EDGE VIDEO CLARKSON (SHOP 17)

AND: FIRST GROUP MEMBER

RICHARD DAWSON FIELDS AND MARY ANNE FIELDS AND ELSIE NOMINEES PTY LTD TRADING AS CLARKSON MINI MART (SHOP 10)