Doherty, A.T. & Anor v Tumbleturn Pty Ltd & Ors [1986] FCA 669

Doherty, A.T. & Anor v Tumbleturn Pty Ltd & Ors [1986] FCA 669

The applicants have failed to establish that any of the alleged representations were false; therefore, the respondents have not engaged in misleading or deceptive conduct within the meaning of s.52 of the Trade Practices Act, and the applicants are not entitled to recover damages under s.82.

Parties
Applicant: Arthur Thomas Doherty; Applicant: Julia Louise Doherty; Respondent: Tumbleturn Pty. Ltd.; Respondent: Gerald Michael Harrison; Respondent: Marion Catherine Harrison
Jurisdiction
Australia
Judgment Date
21 April 1986
Procedural Posture
Application for Damages / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Misleading and Deceptive Conduct, Sale of Business
Trade Practices Misleading and Deceptive Conduct Sale of Business

Case Brief

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Parties

Arthur Thomas Doherty

Applicant

Julia Louise Doherty

Applicant

Tumbleturn Pty. Ltd.

Respondent

Gerald Michael Harrison

Respondent

Marion Catherine Harrison

Respondent

Procedural Posture

Application for Damages / Final Judgment

Legal Issues

  1. 1 Whether respondents engaged in misleading or deceptive conduct contrary to s.52 of the Trade Practices Act 1974 in relation to the sale of a business

Ratio Decidendi

The applicants have failed to establish that any of the alleged representations were false; therefore, the respondents have not engaged in misleading or deceptive conduct within the meaning of s.52 of the Trade Practices Act, and the applicants are not entitled to recover damages under s.82.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed with costs