Keen Mar Corporation Pty Ltd v. Labrador Park Shopping Centre Pty Ltd & Anor Coomber, T.Mc. & Ors v. Labrador Park Shopping Centre Pty Ltd & Anor Palleson, C.J. & Anor v. Labrador Park Shopping Centre Pty Ltd & Anor [1988] FCA 88

Keen Mar Corporation Pty Ltd v. Labrador Park Shopping Centre Pty Ltd & Anor Coomber, T.Mc. & Ors v. Labrador Park Shopping Centre Pty Ltd & Anor Palleson, C.J. & Anor v. Labrador Park Shopping Centre Pty Ltd & Anor [1988] FCA 88

Applicants were induced to enter into leases by misleading conduct—contravening s.52 but claims for damages are defeated by s.82(2) time bar. Cross-claims for payment of rent and damages fail independently for insufficiency of proof and, regarding arrears of rent, for statutory illegality due to absence of a valid Certificate of Classification for periods of occupation. Sums already paid under the leases are not recoverable by applicants.

Parties
Applicant / First Cross Respondent: Keen Mar Corporation Pty Ltd; First Respondent / Cross Claimant: Labrador Park Shopping Centre Pty Ltd; Second Respondent: Hersfield Developments Corporation Pty Ltd; Second Cross Respondent: Alan Keen; Third Cross Respondent: Trudy Keen / Truly Keen; Applicant / Cross Respondent: Trevor McDougall Coomber; Applicant / Cross Respondent: Gregory Desmond Keily; Applicant / Cross Respondent: Cameron Gregory Godden; Applicant / Cross Respondent: Colin James Palleson; Applicant / Cross Respondent: Betty Ruth Palleson
Jurisdiction
Australia
Judgment Date
11 March 1988
Procedural Posture
Applications and Cross Claims Heard Together in Federal Court (general Division) / Final Judgment Following Trial
Outcome
Applications dismissed. Cross-claims dismissed. Orders as to costs made as set out below.
Legal Topics
Misleading or Deceptive Conduct, Statutory Time Limitations, Repudiation of Lease, Measure of Damages, Illegality—building Certificate
Trade Practices Limitation of Actions Landlord and Tenant Building Contracts Misleading or Deceptive Conduct Statutory Time Limitations Repudiation of Lease Measure of Damages +1 more

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Parties

Keen Mar Corporation Pty Ltd

Applicant / First Cross Respondent

Labrador Park Shopping Centre Pty Ltd

First Respondent / Cross Claimant

Hersfield Developments Corporation Pty Ltd

Second Respondent

Alan Keen

Second Cross Respondent

Trudy Keen / Truly Keen

Third Cross Respondent

Trevor McDougall Coomber

Applicant / Cross Respondent

Gregory Desmond Keily

Applicant / Cross Respondent

Cameron Gregory Godden

Applicant / Cross Respondent

Colin James Palleson

Applicant / Cross Respondent

Betty Ruth Palleson

Applicant / Cross Respondent

Procedural Posture

Applications and Cross Claims Heard Together in Federal Court (general Division) / Final Judgment Following Trial

Legal Issues

  1. 1 Were the applicants induced into leases by misleading or deceptive conduct contrary to the Trade Practices Act 1974?
  2. 2 Are the applicants’ claims statute-barred by s.82(2) of the Trade Practices Act?
  3. 3 Does the absence or invalidity of a Certificate of Classification under the Building Act render the cross-claims for rent unenforceable?

Ratio Decidendi

Applicants were induced to enter into leases by misleading conduct—contravening s.52 but claims for damages are defeated by s.82(2) time bar. Cross-claims for payment of rent and damages fail independently for insufficiency of proof and, regarding arrears of rent, for statutory illegality due to absence of a valid Certificate of Classification for periods of occupation. Sums already paid under the leases are not recoverable by applicants.

Court Disposition

Applications dismissed. Cross-claims dismissed. Orders as to costs made as set out below.

Orders

  • (1) The applications (in G119/84, G144/84 and G145/84) be dismissed;
  • (2) The cross-claims in those matters be dismissed;