Scott, G.F. & Anor v. Windsor Holdings Pty Ltd & Anor [1986] FCA 471

Scott, G.F. & Anor v. Windsor Holdings Pty Ltd & Anor [1986] FCA 471

Windsor, through Hartz, represented that Computer Country Pty Ltd had made all payments of rent and other moneys due under the lease and that it was of good standing. Those representations were misleading and deceptive because Scott was not told of the rent holiday and Computer Country was not of good standing. The representations induced Scott to enter the purchase transaction for himself and Mrs Scott, causing loss recoverable under s.82 of the Trade Practices Act 1974. Damages were assessed by the difference between price paid and value at purchase plus directly resulting losses, producing judgment against both respondents.

Jurisdiction
Australia
Judgment Date
29 October 1986
Procedural Posture
Application for Damages for Misleading or Deceptive Conduct Arising From Sale of Commercial Strata Property / Reasons for Judgment and Minute of Order
Outcome
Judgment for the applicants against the respondents in the sum of $42,800, with costs to be taxed.
Legal Topics
['misleading or Deceptive Conduct' 'representations About Tenant Compliance With Lease' 'representations About Financial Standing of Tenant' 'causation and Loss Under Trade Practices Act 1974' 'assessment of Damages']
['trade Practices' 'consumer Protection' 'real Property' 'damages'] ['misleading or Deceptive Conduct' 'representations About Tenant Compliance With Lease' 'representations About Financial Standing of Tenant' 'causation and Loss Under Trade Practices Act 1974' 'assessment of Damages']

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Procedural Posture

Application for Damages for Misleading or Deceptive Conduct Arising From Sale of Commercial Strata Property / Reasons for Judgment and Minute of Order

Legal Issues

  1. 1 ['Whether Windsor, by Hartz, represented that Computer Country Pty Ltd had made all payments of rent and other moneys due under the lease.' 'Whether Windsor, by Hartz, represented that Computer Country Pty Ltd was of good financial standing.' 'Whether any such representations were false, misleading or deceptive within s.52(1) of the Trade Practices Act 1974.' 'Whether the representations induced the applicants to purchase the upper floor of the building and caused loss recoverable under s.82 of the Trade Practices Act 1974.' 'How damages should be assessed.']

Ratio Decidendi

Windsor, through Hartz, represented that Computer Country Pty Ltd had made all payments of rent and other moneys due under the lease and that it was of good standing. Those representations were misleading and deceptive because Scott was not told of the rent holiday and Computer Country was not of good standing. The representations induced Scott to enter the purchase transaction for himself and Mrs Scott, causing loss recoverable under s.82 of the Trade Practices Act 1974. Damages were assessed by the difference between price paid and value at purchase plus directly resulting losses, producing judgment against both respondents.

Court Disposition

Judgment for the applicants against the respondents in the sum of $42,800, with costs to be taxed.

Orders

  • ['There be judgment for the applicants against the respondents in the sum of $42,800.' 'The respondents pay to the applicants the costs of the application to be taxed.']