Arturi, Frank v Zupps Motors Pty Ltd Auswide Pty Ltd [1980] FCA 194

(I4

CATCHWORDS

Federal Court of Australia - Jurisdiction - Consumer protection -

Conduct contravening Part IV or Part V of Trade Practices Act

1974 - Implied conditions in contract of supply of goods - Supply of motor vehicle to consumer - vehicle not of merchantable quality - Damages sought from supplier and

manufacturer - Trade Practices Act 1974 (Cth.} ss. 4, 71, 74A

74D, 82, 86.

Praccice ~ Summary dismissal - Rules of Court 0.10 r.4; 0.20 r.2,.

Frank Arturi v. Zupps Motors Pty Ltd. and Auswide Pty Limited

QLD No. G11 of 1980

Coram : Brennan J.

19 December 1980

Canberra.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QLD No. Gll of 1980

GENERAL DIVISION

IN THE MATTER of the Trade Practices Act 1974

BETWEEN : FRANK _ARTURI Applicant

AND 3 ZUPPS MOTORS PTY LTD lirst Respondent

AND : AUSWIDE PTY LIMITED Second Respondent

ORDER JUDGE MAKING ORDER : Brennan J. DATE OF ORDER : 19 December 1980. WHERE MADE : Canberra,

THE COURT ORDERS THAT :

1. The applicant's proceedings be dismissed gencrally.

2. The applicant pay the respective respondents their costs

of the proceedings.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QLD No. G1l of 1980

GENERAL DIVISION

ee er

IN THE MATTER of the Trade Practices Act 1974

BETWEEN : FRANK ARTURI Applicant

AND: ZUPPS MOTORS PTY LTD

First Respondent

AND : AUSWIDE PTY LIMITED

Second Respondent

Coram : Brennan J.

19 December 1980

REASONS FOR JUDGMENT

The application initiating these proceedings claims:

"], Damages pursuant to s.82 of the Trade Practices Act 1974 for breach of implied conditions in a contract for the sale of a certain motor vchicle referred to in the Statement of Claim,

2. Costs. "

The application was accompanied by a Statement of Claim, and in the ultimate paragraph of that pleading there 1s a claim for "damages

for breach of contract",