FEDERAL COURT OF AUSTRALIA
Bluehive Pty Ltd v Dukemaster Pty Ltd [2000] FCA 1307
TRADE PRACTICES – misleading or deceptive conduct in contravention of s 52 of Trade Practices Act 1974 (Cth) – first applicant leased premises in food court in retail complex – whether particular representations made by respondent – whether representations misleading or deceptive – whether first applicant relied upon representations – assessment of damages under s 82 of Act – whether first applicant responsible for loss or damage sustained – whether representations resulted in loss of a commercial opportunity – whether sale of different business owned by first applicant at loss compensable.
CONTRACT – “understanding” reached between parties – terms of understanding reduced to writing – incorporation of earlier document – whether constitutes legally binding contract.
Trade Practices Act 1974 (Cth) ss 52, 82
Ting v Blanche (1993) 118 ALR 543 at 552 referred to
Sykes v Reserve Bank of Australia (1999) 21 ATPR 41-699 at 42,902-42,903 referred toHornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 at 223 referred to
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 at 197 referred to
Yorke v Lucas (1985) 158 CLR 661 at 666 referred to
Gould v Vaggelas (1985) 157 CLR 215 referred to
Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 at 525 referred to
Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 referred to
Argy v Blunts and Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112 referred to
Trentham (G Percy) Ltd v Archital Luxfer Ltd [1993] 1 Lloyds Rep 25 at 27 referred to
Foxtel Management Pty Ltd v Seven Cable Television Pty Ltd [2000] FCA 1159 at pars 130-131 and 143-146 referred to
Masters v Cameron (1954) 91 CLR 353 referred to
Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 at 355-6 applied
Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 referred to
Browne v Dunn (1893) 6 R 67 referred toBLUEHIVE PTY LTD (ACN 073 073 300) and GAN HOLDINGS PTY LTD (ACN 080 258 635) v DUKEMASTER PTY LTD (ACN 050 275 226)
VG731 of 1998
WEINBERG J
15 SEPTEMBER 2000
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 731 OF 1998
BETWEEN:
BLUEHIVE PTY LTD (ACN 073 073 300)
FIRST APPLICANTGAN HOLDINGS PTY LTD (ACN 080 258 635)
SECOND APPLICANTAND:
DUKEMASTER PTY LTD (ACN 050 275 226)
RESPONDENTJUDGE:
WEINBERG J
DATE OF ORDER:
15 SEPTEMBER 2000
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.There be judgment for the first applicant in the sum of $315,095.94.
2.There be judgment for the second applicant in the sum of $32,685.13.
3.Interest on the sums awarded pursuant to orders 1 and 2 be allowed pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) to be calculated in accordance with the provisions of the Penalty Interest Rates Act 1983 (Vic), such…
Keep reading for free
Create a free CaseChat account to read Bluehive Pty Ltd v Dukemaster Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2000] FCA 1307
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. There be judgment for the first applicant in the sum of $315,095.94.
2. There be judgment for the second applicant in the sum of $32,685.13.
3. Interest on the sums awarded pursuant to orders 1 and 2 be allowed pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) to be calculated in accordance with the provisions of the Penalty Interest Rates Act 1983 (Vic), such interest to be calculated from 23 December 1998.
4. The respondent’s cross-claim be dismissed.
5. The respondent pay the applicants’ costs of and incidental to this application, and the first applicant’s costs of the cross-claim.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: WEINBERG J
Full text does not contain this section.