CATCHWORDS
Trade Practices Act, s 52 - shopping centre lease - predictions by agent as to shops that would be occupied, made on reasonable grounds at time, but falsified by events - misrepresentation by failure to correct statements when they became known to be false - effect of clauses purporting to exclude liability for representations and to represent and warrant that none have been made - causation - construction of s 87 - effect of assignment of lease, vulnerable to setting aside under s 87, to a third party - power to order contravener to indemnify an applicant against liabilities under the assigned lease.
Trade Practices Act 1974, ss 52, 87
Elconnex Pty Limited v Gerard Industries Pty Limited (1991) 32 FCR 491
Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31
Winterton Constructions Pty Ltd v Hambros Australia Limited (1992) 39 FCR 97
Clark Equipment Australia Ltd v Covcat Pty Ltd (1987) 71 ALR 367
Lezam Pty Ltd v Seabridge Australia Pty Ltd (1992) 35 FCR 535
GIO Australia Holdings Limited v Marks (1997) ATPR 43,541
Brookteck Pty Limited v Lumocol Australia Pty Limited (unreported, Tamberlin J, 23 October 1996)
Krambousanos v Jedda Investments Pty Ltd (1996) 64 FCR 348
Munchies Management Pty Ltd v Belperio (1988) 58 FCR 274
Deane v Brian Hickey Invention Research Pty Ltd (1988) 10 ATPR 49,608
ORAKA PTY LIMITED & ANOR -V- LEDA HOLDINGS PTY LIMITED
NG 403 of 1995
Burchett J
Sydney
4 April 1997
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY ) NG 403 of 1995
)
GENERAL DIVISION )
BETWEEN:ORAKA PTY LIMITED
First Applicant
AND:BRYAN CLIFFORD JOHNSON
Second Applicant
AND: LEDA HOLDINGS PTY LIMITED
Respondent
CORAM: Burchett J.
PLACE: Sydney
DATE: 4 April 1997
MINUTE OF ORDER
THE COURT ORDERS THAT the applicants bring in on a date to be fixed short minutes of orders appropriate to be made pursuant to the reasons of the Court.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY ) NG 403 of 1995
)
GENERAL DIVISION )
BETWEEN:ORAKA PTY LIMITED
First Applicant
AND:BRYAN CLIFFORD JOHNSON
Second Applicant
AND: LEDA HOLDINGS PTY LIMITED
Respondent
CORAM: Burchett J.
PLACE: Sydney
DATE: 4 April 1997
REASONS FOR JUDGMENT
BURCHETT J.:
Though named for a Spartan queen, Leda Holdings Pty Limited ("Leda") determined to gratify the customers of its shopping centre at Rosemeadow near Campbelltown by an appeal to the pleasures of their mouths. It invited a well-known purveyor of soft-serve ice-creams, known as "Wendy's", to open a shop with exclusive rights. Rosemeadow Marketplace was to be billed as an exciting new shopping centre, embodying a new marketing concept. But the lures thrown out by Leda to the second applicant, Mr Johnson, the managing director of the first applicant Oraka Pty Limited ("Oraka"), which is the master franchisee for New South Wales…
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- Case
- [1997] FCA 297
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