Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Idoshore Pty Limited v IPN Medical Centres (NSW) Pty Limited [2007] FCA 1175
TRADE PRACTICES – misleading and deceptive conduct – representations and warranties collateral to written contract purportedly concerning future matters CONTRACT – sale of business – interpretation of complex written contractual arrangements settled between legal representatives of vendor and purchaser of business – whether the contract by implication excluded oral representations and warranties made antecedently to or collaterally with formation of written contract – meaning and operation of principal contract relating to disputed increase in price based on first year's financial results of business – operation of subsequent written variation to contract of sale – directions concerning assessment of damages Trade Practices Act 1974 (Cth) ss 51A, 52, 82 Federal Court of Australia Act 1976 (Cth)
Jones v Dunkel (1959) 101 CLR 298 cited McRae v Commonwealth Disposals Commission (1951)84 CLR 377 cited James v Australia And New Zealand Banking Group Ltd (1986) 64 ALR 347 referred to Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 referred to Gullett v Gardner (1948) 22 ALJ 151 referred to Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 referred to IDOSHORE PTY LIMITED v IPN MEDICAL CENTRES (NSW) PTY LIMITED, IPN HEALTHCARE PTY LIMITED NSD 1510 OF 2004
CONTI J
7 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1510 OF 2004
BETWEEN: IDOSHORE PTY LIMITED
Applicant/Cross-Respondent
AND: IPN MEDICAL CENTRES (NSW) PTY LIMITED (formerly Foundation Medical Centres (NSW) Pty Limited)
First Respondent/First Cross-Claimant
IPN HEALTHCARE PTY LIMITED (formerly Foundation Healthcare Pty Limited)
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