Thompson v Ice Creameries of Australia Pty Ltd [1998] FCA 261

Thompson v Ice Creameries of Australia Pty Ltd [1998] FCA 261

Despite mixed success, the applicants were predominantly successful, particularly regarding the suitability of the site, which formed the bulk of the hearing. Given the circumstances, a global order requiring respondents to pay two-thirds of applicants' costs is appropriate.

Parties
Applicants: Peter Anthony Thompson and Robyn Lesley Thompson; First Respondent: Ice Creameries of Australia Pty Ltd; Second Respondent: David Alan Atchison
Jurisdiction
Australia
Judgment Date
11 March 1998
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Judgment for applicants against respondents jointly and severally; respondents to pay two-thirds of applicants' costs.
Legal Topics
Misleading or Deceptive Conduct, Franchise Disputes, Damages, Costs
Commercial Law Misleading or Deceptive Conduct Franchise Disputes Damages Costs

Case Brief

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Parties

Peter Anthony Thompson and Robyn Lesley Thompson

Applicants

Ice Creameries of Australia Pty Ltd

First Respondent

David Alan Atchison

Second Respondent

Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether respondents made misleading or deceptive representations as to turnover of a franchised ice creamery at Engadine
  2. 2 Whether respondents made misleading or deceptive representations as to the suitability of the site for the ice creamery
  3. 3 Assessment of damages

Ratio Decidendi

Despite mixed success, the applicants were predominantly successful, particularly regarding the suitability of the site, which formed the bulk of the hearing. Given the circumstances, a global order requiring respondents to pay two-thirds of applicants' costs is appropriate.

Court Disposition

Judgment for applicants against respondents jointly and severally; respondents to pay two-thirds of applicants' costs.

Orders

  • Judgment for the applicants against the respondents jointly and severally in the sum of $220,775.00.
  • Respondents to pay two-thirds of applicants' costs.