Rick Damelian Pty Ltd v Daewoo Automotive Pty Ltd [1999] FCA 92

Rick Damelian Pty Ltd v Daewoo Automotive Pty Ltd [1999] FCA 92

The applicant failed to establish that the respondents made or that the applicant relied on representations that the dealership agreement would not permit termination on notice without cause. The evidence did not support that any actionable misleading or deceptive conduct occurred.

Source-derived case information.

Parties
Applicant: Rick Damelian Pty Limited; First Respondent: Daewoo Automotive Australia Pty Limited; Second Respondent: Richard Kenneth Hull
Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Application (civil Proceeding) / Final Judgment After Trial on Liability
Outcome
application dismissed
Legal Topics
Misleading or Deceptive Conduct, Dealer Agreements, Termination Clauses
Trade Practices Consumer Law Contract Misleading or Deceptive Conduct Dealer Agreements Termination Clauses

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Parties

Rick Damelian Pty Limited

Applicant

Daewoo Automotive Australia Pty Limited

First Respondent

Richard Kenneth Hull

Second Respondent

Procedural Posture

Application (civil Proceeding) / Final Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the respondents engaged in misleading or deceptive conduct under the Trade Practices Act 1974 (Cth) and Fair Trading Act 1987 (NSW)
  2. 2 Whether representations were made that the dealership agreement would only be terminable for breach or default
  3. 3 Whether the applicant relied on such representations

Ratio Decidendi

The applicant failed to establish that the respondents made or that the applicant relied on representations that the dealership agreement would not permit termination on notice without cause. The evidence did not support that any actionable misleading or deceptive conduct occurred.

Court Disposition

application dismissed

Orders

  • The application be dismissed.