Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fresh Express Australia Pty Ltd v Larridren Pty Limited [2002] FCA 1312
TRADE PRACTICES – misleading or deceptive conduct – whether lessor of fruit shop represented to guarantor of lessee that lessee owned fixtures and fittings in shop – whether lessor guilty of misleading conduct by claiming to have ownership of fixtures and fittings where alleged that lessor had transferred ownership to lessee to enable lessee to mortgage them to guarantor – burden proof not satisfied. TORTS – whether slander on the title offers alternate remedy to claim of misleading or deceptive conduct. DAMAGES – defence of failure to mitigate damages – whether lessor or guarantor had failed to take reasonable steps to mitigate loss. Trade Practices Act 1974 (Cth) ss 52, 82 Fair Trading Act 1987 (NSW) ss 42 Shevill v The Builders Licensing Board (1981) 149 CLR 620 cited The Progressive Mailing House Pty Ltd v Tabali Pty Limited (1985) 157 CLR 17 cited Young v Lamb (No 2) [2001] NSWSC 1014 referred to Maridakis v Kouvaris (1974-5) 5 ALR 197 at 199 cited De Landgrafft v Brown (1993) 9 SR (WA) 236 cited Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976] 1 NSWLR 5 cited
J G Fleming The Law of Torts, 9th ed. 1998
FRESH EXPRESS AUSTRALIA PTY LTD v LARRIDREN PTY LIMITED AND SALVATORE CERRETO AND ALRAMON PTY LIMITED AND BLESSINGTON JUDD N 1267 OF 1999 HILL J 29 NOVEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1267 OF 1999
BETWEEN: FRESH EXPRESS AUSTRALIA PTY LTD
APPLICANT
AND: LARRIDREN PTY LIMITED
FIRST RESPONDENT
SALVATORE CERRETO
SECOND RESPONDENT
ALRAMON PTY LIMITED
THIRD RESPONDENT
BLESSINGTON JUDD
FOURTH RESPONDENT
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