Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanguine Technology Pty Ltd ACN 124 894 088 v Abacus Calculators (W.A.) Pty Ltd ACN 009 092 513 [2010] FCA 279 Citation: Sanguine Technology Pty Ltd ACN 124 894 088 v Abacus Calculators (W.A.) Pty Ltd ACN 009 092 513 [2010] FCA 279
Parties: SANGUINE TECHNOLOGY PTY LTD ACN 124 894 088, ABDUS SALAM AZIZ and LAREE JEANETTE AZIZ v ABACUS CALCULATORS (W.A.) PTY LTD ACN 009 092 513 and GLENN FORD
File number: WAD 252 of 2007
Judge: LANDER J
Date of judgment: 25 March 2010
Catchwords: TRADE PRACTICES – damages sought pursuant to s 82 of the Trade Practices Act 1974 (Cth) (TPA) for contraventions of s 52 of the TPA in relation to a sale of a business – claim for damages for breach of warranty – the vendor provided a warranty that it would disclose all relevant information – whether the misrepresentations which were a contravention of s 52 of the TPA were relied upon – the misrepresentations were corrected – relevant information was provided – even if misrepresentations are established they were corrected for the final purchase and settlement of the business – no reliance established – no award of damages pursuant to s 82 of the TPA
Legislation: Trade Practices Act 1974 (Cth) ss 51A, 52, 82
Cases cited: Campomar Sociedad Limitada v Nike International Limited (2000) 202 CLR 45 cited Elders Trustee and Executors Co Ltd v E G Reeves Pty Ltd (1983) 78 ALR 193 cited Gould v Vaggelas (1984) 157 CLR 215 applied Henville v Walker (2001) 206 CLR 459 cited Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre (1978) 140 CLR 216 cited Jones v Dunkel (1959) 101 CLR 298 cited Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 cited Smith v New South Wales Bar Association (1992) 176 CLR 256 cited Sutton v AJ Thompson Pty Ltd (in liq) (1987) 73 ALR 233 cited Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 cited Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 cited
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