Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - alleged statement by a salesperson employed by second respondent - depth of fill on land - sales-staff directed to inform purchasers that there might be f211 on the land and that purchasers to make their own enquiries - credibility of witnesses -
application dismissed.
TRADE PRACTICES - cross-claim by first respondent against second respondent for an indemnity or contribution in respect of any monies the first respondent 1s ordered
to pay to applicants - alternatively an order under
s.87 Trade Practices Act.
Trade Practices Act 1974 (Cwlth), ss. 52, 82 and 87
IVAN VRANCIC and GRETA EMMA VRANCIC (Applicants) v. ELTON CLOSE PTY LIMITED (First Respondent) and
LINEHANS ESTATE AGENCY (NEWCASTLE) PTY LIMITED (Second Respondent)
and ELTON CLOSE PTY LIMITED (Cross Claimant) and LINEHANS ESTATE.-AGENCY (NEWCASTLE) PTY LIMITED (Cross Respondent)
No. G140 of 1982
FITZGERALD J. SYDNEY 4 JULY 1983
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES REGISTRY ) No. G140 of 1982 GENERAL DIVISION ) BETWEEN: IVAN VRANCIC and GRETA WiIMA VRANCIC Applicants AND. ELTON CLOSE PTY LIMITID First Respondent AND. LINEHANS ESTATE AGENCY (NEWCASTLE) PTY LIMITED Second Respondent AND. ELTON CLOSE PTY LIMITED Cross Claimant AND: LINEHANS ESTATE AGENCY (NEWCASTLI) PTY LIMITED Cross Respondent _O R DE R_ JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER 4+ JULY 1983 WHERE MADL: SYDNEY
THE COURT ORDERS THAT
1. The applicants' claim against the respondents and the first respondent's claim against the second respondent arc
dismissed.
° 2 The applicants must pay the taxed costs
ol these proceedings.
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOU'TH WALES REGISTRY ) No. G140 of 1982 GENERAL DIVISION ) BETWEEN: IVAN VRANCIC and GRETA EMMA VRANCIC Applicants AND ELTON CLOSE PTY LIMITED First Respondent AND LINEHANS DSTATE AGENCY (NEWCASTLE ) PTY LIMITED Second Respondent AND ELTON CLOSE PTY LIMITED Cross Claimant AND LINEHANS ESTATE AGENCY (NEWCASTLE ) PTY LIMITED Cross Respondent FITZGERALD J. 1 JULY 1983 REASONS FOR JUDGMENT The Claim
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