Grimson, Martin Harold & Anor v O'Donnell, Gary Francis & Ors [1997] FCA 887

Grimson, Martin Harold & Anor v O'Donnell, Gary Francis & Ors [1997] FCA 887

The appeal was dismissed because the appellants failed to demonstrate any error in the trial judge's reasoning or findings regarding alleged misrepresentations and the accuracy of the valuation report.

Parties
First Appellant: Martin Harold Grimson; Second Appellant: Ricky Martin Grimson; First Respondent: Gary Francis O'Donnell; Second Respondent: Evenlong Pty Ltd; Third Respondent: Enima Pty Ltd
Jurisdiction
Australia
Judgment Date
13 May 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Misrepresentation, Sale of Business, Valuation
Commercial Law Misrepresentation Sale of Business Valuation

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Harold Grimson

First Appellant

Ricky Martin Grimson

Second Appellant

Gary Francis O'Donnell

First Respondent

Evenlong Pty Ltd

Second Respondent

Enima Pty Ltd

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether representations made by respondents about the accuracy of a valuation report constituted actionable misrepresentations
  2. 2 Whether the findings of the trial judge regarding the truth or falsity of statements in the valuation report were in error

Ratio Decidendi

The appeal was dismissed because the appellants failed to demonstrate any error in the trial judge's reasoning or findings regarding alleged misrepresentations and the accuracy of the valuation report.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.