NSW Caselaw
New South Wales Court of Appeal
CITATION: 260 Oxford Street Pty Ltd & Ors v Premetis & Anor [2006] NSWCA 96
HEARING DATE(S): 31 March 2006
JUDGMENT DATE: 19 May 2006
JUDGMENT OF: Tobias JA at 1; Basten JA at 116; Young CJ in Eq at 128
DECISION: Appeal dismissed with costs.
CATCHWORDS: SALE AGREEMENT – sale of business – goodwill – name of business – construction of sale agreement – whether name of business passed with sale of goodwill – whether agreement wholly in writing – parol evidence rule – exceptions – whether deletion of name from written agreement gave rise to ambiguity - CONDUCT OF BUSINESS – Trade Practices Act 1974 (Cth) s52 – Fair Trading Act 1987 s42 – misleading or deceptive conduct – conduct likely to mislead or deceive – passing off – whether conduct after sale of business amounted to misleading or deceptive conduct, or conduct likely to mislead or deceive, or passing off - APPEAL – grounds – failure to give reasons – jurisdiction – whether trial judge failed to give reasons or to give adequate reasons – conduct of case at trial –
LEGISLATION CITED: Fair Trading Act 1987, s42, s44 Trade Practices Act 1974 (Cth), s52, s53
Brew v Followmont Transport Pty Ltd [2005] QSC 030 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Domain Names Australia Pty Ltd v .au Domain Administration Ltd (2004) 139 FCR 215 Ensec Pty Ltd (In Liq) v Hawkins [2004] NSWCA 243 Federal Commissioner of Taxation v Murry (1998) 193 CLR 605 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 CASES CITED: Haberle Crystal Springs Brewing Co v Clarke (1929) 30 F 2d (2nd Cir) 219 Inland Revenue Commissioner v Muller & Co's Margarine Limited [1901] AC 217 Mark Foys Pty Ltd v TVSN (Pacific) Ltd (2000) 104 FCR 61 Moorgate Tobacco Co Ltd v Philip Morris (No 2) (1984) 156 CLR 414 Pacific Dunlop Ltd v Hogan (1989) 23 FCR 553 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Premetis v 260 Oxford Street Pty Ltd [2005] NSWSC 904 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481
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