Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Patankar v Excom Education Pty Limited [2008] FCA 475
TRADE PRACTICES – allegation of breach of s 52 and s 53B Trade Practices Act 1974 (Cth) – allegation of misleading representation of legal capacity to sponsor holder of a subclass 457 visa – whether representations made – where representations not made – no breach CONTRACT – alleged breach of contract of employment – clause too uncertain to create legal obligation – no evidentiary support for alleged oral term of contract or alleged warranty NEGLIGENT MISSTATEMENT – reliance on alleged representations – where statement found not to be made – no negligence HELD – application dismissed Trade Practices Act 1974 (Cth) ss 52 53B, 75B, 82, 87 Bishop v Taylor(1968) 118 CLR 518 cited Whitlock v Brew (1968) 118 CLR 445 cited JAYANT PATANKAR v EXCOM EDUCATION PTY LIMITED, GRAEME NEWEY AND BETRAND BREGANZA NSD 2504 OF 2006
BRANSON J
10 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2504 OF 2006
BETWEEN: JAYANT PATANKAR
Applicant
AND: EXCOM EDUCATION PTY LIMITED
First Respondent
GRAEME NEWEY
Second Respondent
BETRAND BREGANZA
Third Respondent
JUDGE: BRANSON J
DATE OF ORDER: 10 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2504 OF 2006
BETWEEN: JAYANT PATANKAR
Applicant
AND: EXCOM EDUCATION PTY LIMITED
First Respondent
GRAEME NEWEY
Second Respondent
BETRAND BREGANZA
Third Respondent
JUDGE: BRANSON J
DATE: 10 APRIL 2008
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