NSW Caselaw
New South Wales Court of Appeal
CITATION : Hardy v Your Tabs Pty Limited [2000] NSWCA 150 FILE NUMBER(S) : CA 40451/99 HEARING DATE(S) : 5, 6 June 2000 JUDGMENT DATE : 22 June 2000
PARTIES : Alan Douglas Hardy, Noeleen Beryl Hardy and A & N Hardy Pty Limited (Appellants) Your Tabs Pty Limited (In Liquidation), Roy Matthews and Gladys Joyce Matthews (Respondents) JUDGMENT OF : Meagher JA at 1; Heydon JA at 2; Foster AJA at 154
LOWER COURT JURISDICTION : District Court LOWER COURT 7114/97 FILE NUMBER(S) : LOWER COURT Naughton DCJ JUDICIAL OFFICER :
COUNSEL : Ms C Needham/P Russell (Appellants) Mr R S Angyal (Respondents) SOLICITORS : Brian Muir & Company (Appellants) Keith Hurst & Company (Respondents) CATCHWORDS : TRADE PRACTICES - Failure by vendor of Pizza Haven franchise business to disclose to purchaser that development consent had been granted for a Pizza Hut business in the area - non-disclosure held to constitute misleading or deceptive conduct in breach of s 52 Trade Practices Act 1974 (Cth) - materiality of undisclosed information - held to be immaterial that undisclosed information was known by some members of the public - Appeal allowed to the extent of reducing the pre-interest figure for that component of damages which reflects the difference between the price and value by $5,000, and reducing the figure for accounting fees by $800 - ND. LEGISLATION CITED : Trade Practices Act 1974 (Cth) Evidence Act 1995 (NSW) Gauci v Federal Commissioner of Taxation (1975) 135 CLR 81 Chamberlain v R (No 2) (1984) 153 CLR 521 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Wheeler Grace & Pierucci Pty Ltd v Wright (1989) ATPR 40-940 Famel Pty Ltd v Burswood Management Ltd (1989) ATPR 40-962 Bowler v Hilda Pty Ltd (1998) ATPR 41-625 CASES CITED: Eatten's Pty Ltd v JLW (NSW) Pty Ltd (1998) ATPR 41-619 Browne v Dunn (1894) 6R 67 Anema E Core Pty Ltd v Aromas Pty Ltd (1999) FCA 904 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 79 ALR 83 Kimberley NZ Finance Ltd v Torero Pty Ltd (1989) ATPR (Digest) 46-054 Lamb v Ausintel Investments Australia Pty Ltd (1989) 97 FLR 458 Kizbeau Pty Ltd v W G & B Pty Ltd (1995) 184 CLR 281 Clark v Ryan (196) 103 CLR 486 DECISION : See paragraph 153
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