Votraint No. 708 Pty Limited and Anor v Davano Pty Limited and 2 Ors [2000] NSWCA 40

Votraint No. 708 Pty Limited and Anor v Davano Pty Limited and 2 Ors [2000] NSWCA 40

The appeal failed because the District Court was entitled to find, on the evidence and credit findings, that Mr Dimitropoulos represented that the business had average weekly takings of $17,000, and it was open to find that the respondents relied on that representation in entering into the option and contract of sale. No issue was raised as to damages.

Jurisdiction
Australia
Judgment Date
10 March 2000
Procedural Posture
Appeal Concerning Contract, Representation as to Takings, Misleading and Deceptive Conduct and Reliance / Appeal From a Decision of Acting District Court Judge Balla Given on 12 November 1999
Outcome
Appeal dismissed with costs
Legal Topics
['representation as to Takings' 'reliance' 'purchase of Business' 'appeal From District Court']
['contract' 'consumer Law' 'misleading and Deceptive Conduct'] ['representation as to Takings' 'reliance' 'purchase of Business' 'appeal From District Court']

Case Brief

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Procedural Posture

Appeal Concerning Contract, Representation as to Takings, Misleading and Deceptive Conduct and Reliance / Appeal From a Decision of Acting District Court Judge Balla Given on 12 November 1999

Legal Issues

  1. 1 ['Whether Mr Dimitropoulos made any representation about the average takings of the coffee bar business.' 'Whether the statements found by the District Court amounted to misleading and deceptive conduct.' 'Whether the District Court was justified in finding that the respondents relied on the representations.']

Ratio Decidendi

The appeal failed because the District Court was entitled to find, on the evidence and credit findings, that Mr Dimitropoulos represented that the business had average weekly takings of $17,000, and it was open to find that the respondents relied on that representation in entering into the option and contract of sale. No issue was raised as to damages.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']