Crystal Auburn Pty Ltd v I L Wollermann Pty Ltd [2000] FCA 913

Crystal Auburn Pty Ltd v I L Wollermann Pty Ltd [2000] FCA 913

The respondents engaged in misleading and deceptive conduct in trade and commerce by making false representations about attendance figures and gross income, which induced the applicants to enter the sale and lease agreements; the applicants relied on these representations and suffered loss, making respondents liable under s 52 of the Trade Practices Act 1974.

Parties
First Applicant: Crystal Auburn Pty Ltd; Second Applicant: Mark Charles Siberas; Third Applicant: Kingsley William Davies; First Respondent: I L Wollermann Pty Ltd (t/as Wollermann & Associates); Second Respondent: Valespring Investments Pty Ltd; Third Respondent: Macleay Pty Ltd; Fourth Respondent: Robin Bruce Laurie; Fifth Respondent: Barbara Joan Laurie
Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Application / Liability Judgment; Quantum to Be Assessed
Outcome
Liability established; damages to be assessed
Legal Topics
Misleading or Deceptive Conduct, Sale of Business, Damages
Trade Practices Commercial Law Misleading or Deceptive Conduct Sale of Business Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Crystal Auburn Pty Ltd

First Applicant

Mark Charles Siberas

Second Applicant

Kingsley William Davies

Third Applicant

I L Wollermann Pty Ltd (t/as Wollermann & Associates)

First Respondent

Valespring Investments Pty Ltd

Second Respondent

Macleay Pty Ltd

Third Respondent

Robin Bruce Laurie

Fourth Respondent

Barbara Joan Laurie

Fifth Respondent

Procedural Posture

Application / Liability Judgment; Quantum to Be Assessed

Legal Issues

  1. 1 Whether respondents engaged in misleading and deceptive conduct under s 52 of the Trade Practices Act 1974
  2. 2 Whether applicants relied on false representations and suffered loss
  3. 3 Whether fourth and fifth respondents were involved in contravention

Ratio Decidendi

The respondents engaged in misleading and deceptive conduct in trade and commerce by making false representations about attendance figures and gross income, which induced the applicants to enter the sale and lease agreements; the applicants relied on these representations and suffered loss, making respondents liable under s 52 of the Trade Practices Act 1974.

Court Disposition

Liability established; damages to be assessed

Orders

  • Declaration that first, second, and third respondents engaged in misleading and deceptive conduct in contravention of s 52 of the Trade Practices Act 1974.
  • Declaration that fourth and fifth respondents were involved in the contravention.