Thompson, Peter Anthony & Anor v Ice Creameries of Australia Pty Ltd & Anor [1998] FCA 54

Thompson, Peter Anthony & Anor v Ice Creameries of Australia Pty Ltd & Anor [1998] FCA 54

The representation by the first respondent, through the second respondent, that the Engadine site was suitable for the establishment of a Great Australian Ice Creamery was misleading or deceptive under s 52 of the Trade Practices Act 1974 (Cth), as it lacked a rational basis given the insufficient surrounding population. The applicants relied on this representation and suffered loss as a result.

Jurisdiction
Australia
Judgment Date
11 February 1998
Procedural Posture
Civil / Judgment After Trial
Outcome
Application allowed in part; judgment for the applicants against both respondents for damages to be calculated as specified.
Legal Topics
['misleading or Deceptive Conduct' 'representations' 'damages' 'franchise Agreements']
['trade Practices' 'consumer Law' 'franchise Law'] ['misleading or Deceptive Conduct' 'representations' 'damages' 'franchise Agreements']

Case Brief

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Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ['Whether representations as to the suitability of a site for a shop constituted misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth)' 'Whether representations as to expected turnover or profit were made and if so, were they misleading or deceptive' 'Whether damages are recoverable under s 82 of the Trade Practices Act 1974 (Cth), and how they are to be assessed']

Ratio Decidendi

The representation by the first respondent, through the second respondent, that the Engadine site was suitable for the establishment of a Great Australian Ice Creamery was misleading or deceptive under s 52 of the Trade Practices Act 1974 (Cth), as it lacked a rational basis given the insufficient surrounding population. The applicants relied on this representation and suffered loss as a result.

Court Disposition

Application allowed in part; judgment for the applicants against both respondents for damages to be calculated as specified.

Orders

  • ['Applicants to serve on the respondents, within 14 days, short minutes of orders to give effect to these reasons.' 'The matter to be set down for formal orders and argument as to costs, if necessary.']