Willshire-Smith D Votino Bros P/L & Ors [1994] FCA 815

Willshire-Smith D Votino Bros P/L & Ors [1994] FCA 815

The applicant failed to establish by evidence that the conduct of J.L.W. was misleading or deceptive or that of Votino Bros. unconscionable as defined by the Trade Practices Act. No causation or loss was proved. All claims were dismissed and the applicant was ordered to pay costs.

Jurisdiction
Australia
Judgment Date
03 November 1994
Procedural Posture
Application / Final Judgment After Trial
Outcome
Application dismissed with costs
Legal Topics
['misleading or Deceptive Conduct' 'unconscionable Conduct' 'assignment of Lease' 'recovery of Loss Under Trade Practices Act' 'damages for Breach of Contract']
['trade Practices' 'contracts' 'bankruptcy'] ['misleading or Deceptive Conduct' 'unconscionable Conduct' 'assignment of Lease' 'recovery of Loss Under Trade Practices Act' 'damages for Breach of Contract']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether J.L.W. (S.A.) Pty. Ltd. engaged in misleading or deceptive conduct under s.52 of the Trade Practices Act 1974' 'Whether Votino Bros. Pty. Ltd. engaged in unconscionable conduct under s.51AA of the Trade Practices Act 1974' 'Whether the applicant suffered loss caused by the conduct of the respondents' 'Whether part of the claim in negligence could be sustained against J.L.W.' 'Whether Votino Bros. unreasonably withheld consent for assignment of lease in breach of contract']

Ratio Decidendi

The applicant failed to establish by evidence that the conduct of J.L.W. was misleading or deceptive or that of Votino Bros. unconscionable as defined by the Trade Practices Act. No causation or loss was proved. All claims were dismissed and the applicant was ordered to pay costs.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs of the application."]