FRASER v LESLEY WILLIAM PICKUP AND COLONIAL BUSINESS BROKERS PTY LTD [1997] NSWCA 117
Goodwill did exist in the business sold by Pickup to Fraser, including the relationship with Queensland and its customers; there was no breach of contract nor false or misleading representations, as resale rights were always subject to the principal's approval, of which Fraser was aware.
- Parties
- Appellant: Phillip Nelson Fraser; First Respondent: Lesley William Pickup; Second Respondent: Colonial Business Brokers Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 24 June 1997
- Procedural Posture
- Appeal / Court of Appeal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Sale of Business, Goodwill, Misrepresentation, Breach of Contract, Rights of Resale
Case Brief
Summary, issues, holding and outcome
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Parties
Phillip Nelson Fraser
Appellant
Lesley William Pickup
First Respondent
Colonial Business Brokers Pty Ltd
Second Respondent
Procedural Posture
Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether the vendor had goodwill in the business capable of sale
- 2 Whether the vendor breached the contract by failing to pass good title or by misrepresentation
- 3 Whether there were false or misleading representations made by the vendor or the broker
Ratio Decidendi
Goodwill did exist in the business sold by Pickup to Fraser, including the relationship with Queensland and its customers; there was no breach of contract nor false or misleading representations, as resale rights were always subject to the principal's approval, of which Fraser was aware.
Court Disposition
Appeal dismissed
Orders
- Appeal by purchaser dismissed with costs.
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