Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Entirity Business Services v Garsoft [2011] FCA 76 Citation: Entirity Business Services v Garsoft [2011] FCA 76
Parties: ENTIRITY BUSINESS SERVICES PTY LTD v GARSOFT PTY LTD, SCION BUSINESS SERVICES PTY LTD and ANTHONY GARRARD
File number: NSD 1418 of 2008
Judge: MOORE J
Date of judgment: 10 February 2011
Catchwords: CONTRACTS – contractor's responsibility for managing accounts of principal – accounts failed to show true position of principal at time of demerger – liability of contractor for rectification of accounts PRACTICE AND PROCEDURE – pleadings – material difference between pleaded representation and representation about which evidence was given TRADE PRACTICES – misleading and deceptive conduct – alleged misrepresentation by director of financial position of company – no reliance by company on misrepresentation
Legislation: Copyright Act 1968 (Cth) ss 10, 31 Corporations Act 2001 (Cth) s 180 Fair Trading Act 1987 (NSW) ss 41(2), 42,43, 68 Trade Practices Act 1974 (Cth) s 51A
Date of hearing: 7, 8, 9 and 10 June 2010, 5 August 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 80
Counsel for the Applicant: M Elliott
Solicitor for the Applicant: Turner Freeman
Counsel for the Respondents: M White and B Kaplan
Solicitor for the Respondents: Dibbs Barker
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1418 of 2008
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