Federal Court of Australia
ataweos
>] - 2 "an + = ae FrractviceS = 725124acling comeauct - stéatvenent or
HF
m
future intention es to entitlement of lessee cl netor venicle to acauire tne venicle for its residual value
at tne end of the lease - statement made with reckless indifference as to whether or not the respondent would permit the applicant to acquire the vehicle con those terms - action brought by respondent against applicant in District Court for recovery of amounts owing under
lease - whether this action should be dismissed because the claim for damages under the Trade Practices Act 1974 could or should have been brought in the District Court +
cross-claim by respondent for costs incurred in relation
to District Court proceedings not recoverable in these
proceedings - Trade Practices Act 1974, s.52.
COLIN GUTHRIE GARDINER v. SUTTONS MOTORS (HOMEBUSH) PTY.
LIMITED No. G@ 58 of 1983 Coram: Sheppard J.
24 June, 1983 Sydney
T "us Wonwso. 7 a" 27 TT rmTfTD - 7 IN THE FEDERAL CCURT CF .VSTEALIA ) ) - nee are ems ae lnc rar sort acsy 1 ~ ~ <5 af 722% wae SCOUTE anLh Gictalvt AsOlSlnt ; No. 3 52 cf rch win SUULE nels storhavs Reva y
wee es
' / GouDaenL ae, Zot )
CCLIN CUTHRIZ GARDINER
Applicant SUTTONS MCTORS (HOMEEUSH) PTY. LIMIT=D Respondent ORDER
JULGE MAKING ORDER Sheppard J.
DATE OF ORDER - 24 June, 1983
be
WHERE. MADE : Sydney
THE COURT ORDERS--THAT :
L. The respondent be perpetually restrained from taking
any steps to enforce or otherwise rely upon the judgment of the District Court of New South wales in proceedings No.24504 of 1981, including steps to obtain an order that the applicent pay the costs of an application for
leave to pay by instalments tne amount of tne juagment. J 5
ie)
. The respondent's cross-claim be x=1smissed.
3. The respondent pay the applicant's costs of these
proceedings, inclucing the costs of tne cross-claim.
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