Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Skiwing Pty Limited v Trust Company of Australia Ltd [2011] FCA 438 Citation: Skiwing Pty Limited v Trust Company of Australia Ltd [2011] FCA 438
Parties: SKIWING PTY LIMITED TRADING AS CAFE TIFFANY'S v TRUST COMPANY OF AUSTRALIA LTD (STOCKLAND PROPERTY MANAGEMENT LTD)
File number: NSD 422 of 2008
Judge: BUCHANAN J
Date of judgment: 4 May 2011
Catchwords: TRADE PRACTICES – misleading and deceptive conduct – whether representations made by landlord in the course of building renovations were misleading or deceptive – representations as to future conduct
Legislation: Trade Practices Act 1974 (Cth) ss 51A, 52, 82
Cases cited: Marks v GIO Australia Holdings Limited (1998) 196 CLR 494 McGrath v Australian Naturalcare Products Pty Ltd (2008) 165 FCR 230 Skiwing Pty Limited trading as Café Tiffany's v Trust Company of Australia Ltd (Stockland Property Management Ltd) [2009] FCA 347
Date of hearing: 6, 7, 8, 9 December 2010; 1 March 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 85
Counsel for the Applicant: Mr I Tonking SC with Ms S Mahmud
Solicitor for the Applicant: Mr R Barron
Counsel for the Respondent: Mr RJH Darke SC with Mr AR Zahra
Solicitor for the Respondent: Lee & Lyons Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 422 of 2008
BETWEEN: SKIWING PTY LIMITED TRADING AS CAFE TIFFANY'S
Applicant
AND: TRUST COMPANY OF AUSTRALIA LTD (STOCKLAND PROPERTY MANAGEMENT LTD)
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