Zanker, Adolf & Anor v. Tasmanian Truck & Tractor Pty Ltd [1980] FCA 70

a

IN THE FEDERAL COURT OF AUSTRALIA No. Gl of 1979

TASMANIA DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

ADOLF ZANKER and ELIZABETH MARY ZANKER Applicants

and

TASMANIAN TRUCK & TRACTOR

PTY. LTD. Respondent ORDER

JUDGE MAKING ORDER: Northrop J.

DATE OF ORDER: 22 May 1980

WHERE MADE: Hobart

THE COURT ORDERS THAT there be judgment for the respondent with costs including all reserved costs. .

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY No. Gl of 1979

GENERAL DIVISION

BETWEEN:

ADOLF ZANKER and ELIZABETH MARY ZANKER Applicants

and

TASMANIAN TRUCK & TRACTOR PTY. LTD. Respondent

NORTHROP J. REASONS FOR JUDGMENT 22 MAY 1980

This is an action brought by the applicants under ss. 82 and 86, Trade Practices Act 1974, hereinafter called "the Act". The

action was commenced on 28 August, 1970, but the facts giving rise

to the action occurred prior to the date on which the Trade Practices

Amendment Act 1977 came into operation, accordingly references to the provisions of the Act are to the provisions in operation prior to 1 July 1977. Section 82 of the Act was as follows -

"82.(1) A person who suffers loss or damage by an

act of another person that was done in contravention of a provision of Part 1V or V may recover the amount of the loss or damage by action against that other person.

(2) An action under sub-section (1) may be commenced at any time within 3 years after the date on which the cause of action accrued."

Section 86 of the Act is as follows -

"86, durisdiction is conferred on the Court to hear and determine actions, prosecutions and other proceedings under this Part, and that jurisdiction 1s exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under s.75 of the Constitution."

eZee

After 1 February 1977 "the Court" was defined to mean the Federal Court of Australia, see Federal Court of Australia Act 1976