Marlray Pty Ltd v Wilmink Constructions Pty Ltd & Anor [1987] FCA 726

Marlray Pty Ltd v Wilmink Constructions Pty Ltd & Anor [1987] FCA 726

The applicant failed to make out its case of misrepresentation in any convincing way; the late production of the Cash Payments Journal would not have led the applicant to discontinue earlier with any certainty; therefore, the applicant should pay the respondents' costs.

Parties
Applicant: Marlray Pty Ltd; Respondent: Wilmink Constructions Pty Ltd; Respondent: W. Theunissen
Jurisdiction
Australia
Judgment Date
18 December 1987
Procedural Posture
Civil / Post Trial; Costs Order Following Dismissal on Discontinuance
Outcome
Application dismissed; applicant to pay respondents' costs.
Legal Topics
Misrepresentation in Sale of Business, Discovery Obligations, Costs Following Discontinuance
Misrepresentation Contract Law Misrepresentation in Sale of Business Discovery Obligations Costs Following Discontinuance

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Parties

Marlray Pty Ltd

Applicant

Wilmink Constructions Pty Ltd

Respondent

W. Theunissen

Respondent

Procedural Posture

Civil / Post Trial; Costs Order Following Dismissal on Discontinuance

Legal Issues

  1. 1 Whether respondents misrepresented takings and profits in sale of business
  2. 2 Whether costs should follow the event given late discovery of a Cash Payments Journal

Ratio Decidendi

The applicant failed to make out its case of misrepresentation in any convincing way; the late production of the Cash Payments Journal would not have led the applicant to discontinue earlier with any certainty; therefore, the applicant should pay the respondents' costs.

Court Disposition

Application dismissed; applicant to pay respondents' costs.

Orders

  • The applicant pay the respondents' costs.