F & A Capelvenere v Omega Developments Corporation Pty Ltd & Ors [1983] FCA 195

F & A Capelvenere v Omega Developments Corporation Pty Ltd & Ors [1983] FCA 195

The applicants were misled by the respondents but would not have acted differently if fully informed; there is no recoverable loss under s.82 Trade Practices Act. Omega breached the Deed and is liable in contract for the unit’s value and reimbursement of money lent, but not for interest foregone.

Parties
Applicant: Ferdinando Capelvenere; Applicant: Annelis Capelvenere; First Respondent: Omega Development Corporation Pty Ltd; Second Respondent: Graceview Investments Pty Ltd; Third Respondent: Leonard Dudley Cowper
Jurisdiction
Australia
Judgment Date
16 August 1983
Procedural Posture
Trade Practices/contract Damages Claim / Final Judgment After Trial
Outcome
Judgment for the applicants against the first respondent; claim against second and third respondents dismissed.
Legal Topics
Misleading or Deceptive Conduct, Damages for Breach of Contract, Jurisdiction of Federal Court
Trade Practices Contract Law Misleading or Deceptive Conduct Damages for Breach of Contract Jurisdiction of Federal Court

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ferdinando Capelvenere

Applicant

Annelis Capelvenere

Applicant

Omega Development Corporation Pty Ltd

First Respondent

Graceview Investments Pty Ltd

Second Respondent

Leonard Dudley Cowper

Third Respondent

Procedural Posture

Trade Practices/contract Damages Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether statements made by respondents were misleading or deceptive in contravention of s.52 Trade Practices Act
  2. 2 Whether damages are recoverable under s.82 of the Trade Practices Act
  3. 3 Whether 'interest foregone' is recoverable as damages for breach of contract

Ratio Decidendi

The applicants were misled by the respondents but would not have acted differently if fully informed; there is no recoverable loss under s.82 Trade Practices Act. Omega breached the Deed and is liable in contract for the unit’s value and reimbursement of money lent, but not for interest foregone.

Court Disposition

Judgment for the applicants against the first respondent; claim against second and third respondents dismissed.

Orders

  • Judgment for the applicants against the first respondent for $277,758.00 and costs, including reserved costs, if any, to be taxed.
  • Applicants' claims against the second and third respondents dismissed with no order as to costs.