Cohen, R. & Anor v Centrepoint Freehold Pty Ltd [1982] FCA 71

Cohen, R. & Anor v Centrepoint Freehold Pty Ltd [1982] FCA 71

The respondent, through assurances given to Mr Cohen, represented that it intended to use best endeavours to fill the basement vacancies with suitable tenants at the best rent reasonably obtainable, ensure a good tenant mix, upgrade cleaning, make the air conditioning satisfactory and promote the interests of Centrepoint Mall; at the relevant time the respondent did not have those intentions. Those representations were misleading within s.52 of the Trade Practices Act 1974 and induced the applicants to enter the agreement of 22 December 1980.

Jurisdiction
Australia
Judgment Date
07 May 1982
Procedural Posture
Federal Court Application Alleging Misleading and Deceptive Conduct Under S.52 of the Trade Practices Act 1974 / Reasons for Judgment and Order on Issues Arising Under the Applicants' Reply and Cross Claim Concerning the Agreement of 22 December 1980; Other Issues Adjourned to a Date to Be Fixed
Outcome
The Court found that the respondent engaged in misleading conduct within the meaning of s.52 of the Trade Practices Act 1974 and that each item of misleading conduct induced the applicants to enter the agreement of 22 December 1980; the remaining issues were adjourned.
Legal Topics
['misleading and Deceptive Conduct' 'representations as to Future Intention' 'inducement to Enter Settlement Agreement' 'rescission of Settlement Agreement' 'shopping Centre Lease Disputes']
['trade Practices' 'consumer Protection' 'contract' 'leases'] ['misleading and Deceptive Conduct' 'representations as to Future Intention' 'inducement to Enter Settlement Agreement' 'rescission of Settlement Agreement' 'shopping Centre Lease Disputes']

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Procedural Posture

Federal Court Application Alleging Misleading and Deceptive Conduct Under S.52 of the Trade Practices Act 1974 / Reasons for Judgment and Order on Issues Arising Under the Applicants' Reply and Cross Claim Concerning the Agreement of 22 December 1980; Other Issues Adjourned to a Date to Be Fixed

Legal Issues

  1. 1 ['Whether the respondent represented to the applicants that it intended to use best endeavours to find suitable tenants for basement vacancies and let vacant shops at the best rent reasonably obtainable.' 'Whether the respondent represented that it intended to ensure a good tenant mix in accordance with the basement international food hall concept.' 'Whether the respondent represented that it intended to upgrade basement cleaning services and make the basement air conditioning satisfactory as soon as reasonably possible.' 'Whether the respondent had the intentions represented at the relevant time.' 'Whether the representations were misleading within the meaning of s.52 of the Trade Practices Act 1974 and induced the applicants to enter the agreement of 22 December 1980.']

Ratio Decidendi

The respondent, through assurances given to Mr Cohen, represented that it intended to use best endeavours to fill the basement vacancies with suitable tenants at the best rent reasonably obtainable, ensure a good tenant mix, upgrade cleaning, make the air conditioning satisfactory and promote the interests of Centrepoint Mall; at the relevant time the respondent did not have those intentions. Those representations were misleading within s.52 of the Trade Practices Act 1974 and induced the applicants to enter the agreement of 22 December 1980.

Court Disposition

The Court found that the respondent engaged in misleading conduct within the meaning of s.52 of the Trade Practices Act 1974 and that each item of misleading conduct induced the applicants to enter the agreement of 22 December 1980; the remaining issues were adjourned.

Orders

  • ['The respondent represented to the applicants that it intended to use its best endeavours forthwith to find suitable tenants for the basement vacancies at Centrepoint Mall and to let such vacant shops to them at the best rent reasonably obtainable in the circumstances.' 'The respondent represented to the applicants...