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Australian Competition and Consumer Commission v Samton Holdings Pty Ltd [2002] FCAFC 4
FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPELLANT
AND: SAMTON HOLDINGS PTY LTD (ACN 062 688 359)
FIRST RESPONDENT
FRANCESCO PARASILITI
SECOND RESPONDENT
GAETANINA PARASILITI
THIRD RESPONDENT
SALVATORE PARASILITI
FOURTH RESPONDENT
MARIA PARASILITI
FIFTH RESPONDENT
FELICE ANTONIO SCIARRETTA
SIXTH RESPONDENT
SILVANA SCIARRETTA
SEVENTH RESPONDENT
JUDGES: GRAY, FRENCH and STONE JJ
DATE: 6 FEBRURY 2002
PLACE: PERTH
STATEMENT OF FACTS
? This contract concerned the sale of a business on leased premises
? The company which assigned the lease and received the payment was Samton Holdings Pty Ltd (Samton), the first respondent
? Samton owns the premises on which a lunch bar business is operated, leasing the land to Patricia and Giuseppe
Farruggio(PGF), who runs the lunch bar business
? PGF subsequently sells the business to Executive Bloodstock (the Ranaldis) for $205,000 (however, 71% of this sale price is specified to be good will) (Para 6)
? The Ranaldis take over the lease with 3 months until its date of expiry, but with the option to extend the lease for seven years
? The option must be exercised by 2 March, 1997, which would allow the Ranaldis to continue operating under the same terms to which PGF is presently entitled (para 10)
? Mr. ...