Haydon, Roger v Jackson, Gregory John & Ors [1987] FCA 734

Haydon, Roger v Jackson, Gregory John & Ors [1987] FCA 734

The proper orders were those that required the party who received overpayments (Myoora Nominees Pty. Ltd.) to refund the Jacksons the overpaid rent with interest under s.87(2)(c) of the Trade Practices Act, varying the trial judge's order that had imposed joint liability on appellants. The appellants (Haydon and Oxford Estates) were found to have contravened s.52 and remain liable for costs, but not for the monetary refund, as they did not receive overpayments.

Parties
Appellant: Roger Haydon; Appellant: Oxford Estates Pty. Ltd.; First Respondent: Gregory John Jackson; First Respondent: Barbara Jackson; First Respondent: Peter John Jackson; First Respondent: Tracey Ellen Jackson; First Respondent: Philip Gregory Jackson; First Respondent: Josephine Jackson; Second Respondent: Martin Anton Mischkulnig; Third Respondent: Myoora Nominees Pty. Ltd.
Jurisdiction
Australia
Judgment Date
23 December 1987
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed in part; order for monetary judgment against appellants deleted; orders for costs against all contraveners unchanged.
Legal Topics
Misleading and Deceptive Conduct, Damages, Remedies Under Trade Practices Act, Agency, Assessment of Compensation
Trade Practices Contract Law Misleading and Deceptive Conduct Damages Remedies Under Trade Practices Act Agency Assessment of Compensation

Case Brief

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Parties

Roger Haydon

Appellant

Oxford Estates Pty. Ltd.

Appellant

Gregory John Jackson

First Respondent

Barbara Jackson

First Respondent

Peter John Jackson

First Respondent

Tracey Ellen Jackson

First Respondent

Philip Gregory Jackson

First Respondent

Josephine Jackson

First Respondent

Martin Anton Mischkulnig

Second Respondent

Myoora Nominees Pty. Ltd.

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether awards of compensation for overpayment of goodwill and excessive rent were properly made under s.82 or s.87 of the Trade Practices Act 1974
  2. 2 Who should bear liability to compensate the purchasers under contravention of s.52 of the Trade Practices Act
  3. 3 Proper method and quantum of assessment of compensation for misleading conduct in sale of a business

Ratio Decidendi

The proper orders were those that required the party who received overpayments (Myoora Nominees Pty. Ltd.) to refund the Jacksons the overpaid rent with interest under s.87(2)(c) of the Trade Practices Act, varying the trial judge's order that had imposed joint liability on appellants. The appellants (Haydon and Oxford Estates) were found to have contravened s.52 and remain liable for costs, but not for the monetary refund, as they did not receive overpayments.

Court Disposition

Appeal allowed in part; order for monetary judgment against appellants deleted; orders for costs against all contraveners unchanged.

Orders

  • Part of the trial judge's order providing for judgment against Haydon and Oxford Estates in the sum of $43,000 deleted; monetary refund order made only against Myoora Nominees Pty. Ltd.
  • Order discharging Jacksons from further liability under bill of sale and mortgage affirmed.