Rogala v Markou [1984] FCA 488

Rogala v Markou [1984] FCA 488

Discovery of documents was relevant only for the period during which the respondents operated the business, and the appeal should be allowed in part to the extent agreed between the parties.

Parties
Appellant: Andre Rogala; Respondent: Victor Markou; Respondent: Lubica Markou
Jurisdiction
Australia
Judgment Date
18 September 1984
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part by consent.
Legal Topics
Discovery, Misrepresentation, Damages
Trade Practices Discovery Misrepresentation Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Andre Rogala

Appellant

Victor Markou

Respondent

Lubica Markou

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether discovery of specified financial documents should be ordered in connection with alleged misrepresentation under s. 52 of the Trade Practices Act 1974

Ratio Decidendi

Discovery of documents was relevant only for the period during which the respondents operated the business, and the appeal should be allowed in part to the extent agreed between the parties.

Court Disposition

Appeal allowed in part by consent.

Orders

  • Paragraph 1 of the previous order made on 13 July 1984 set aside.
  • Applicants to provide discovery on oath within seven days of specified financial documents for the period 1 July 1983 to 7 October 1983.