Federal Court of Australia
CATCHWORDS
TRADE PRACTICES ~ statements made by respondent concerning a
drilling rig's capacity material to applicant's decision as to the rig's suitability - applicant caused a company to purchase the rig from the respondent - applicant leased the rig from the company - certain statements inaccurate and in the circumstances were misleading or decestive when made (sub-s. 52(1) of the Trade Practices Act) - claim under s 82 of the Act to recover loss or damage suffered - claim for damages for alleqed breach of
contract - assegsment ot damages under s.82 of the Act.
Trade Practices Act, ss. 52(1), 53fa) and (c), 82
HELLYER DRILLING COMPANY v. MACDONALD HAMILTON & CO PTY LIMITED
Qld No. G37 of 1981
FITZGERALD 3.
BRISBANE 13 OCTOBER 1983
IN_THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld G37 of 1981 GENERAL DIVISION )
BETWEEN :
HELLYER DRILLING COMPANY
Applicant AND: MACDONALD HAMILTON & CO PTY LIMITED Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 13 OCTOBER 1983 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. There be judgment for the applicant
against the respondent for $36,000.00.
IN THE FEDERAL COUPT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION )
OLD NO. G37 OF 1981
BETWEEN :
HELLYER DRILLING COMPANY
APPLICANT AND: MACDONALD HAMILTON & CQ PTY LIMITED DEFENDANT FITZGERALD J. 13 OCTOBER 1983
REASONS FOR JUDGMENT
The applicant claims under s.82 of the Trade Practices
Act 1974 ("the Act") to recover loss or damage allegedly suffered by conduct of the respondent in contravention of ss. 52(1), 53(a)
and 53(c) of the Act. Damages are also sought for alleged breach
of contract. Interest is aiso claimed.
The applicant, which is a firm consisting of two companies controlled by Arthur Patrick Hellyer, carries on business in Australia as a drilling contractor. The respondent is a corporation within the meaning of the Act and carries on business in Australia as a supplier of drilling rigs and equipment under the name Seismic Supply International. The respondent is the agent in Australia for the distribution of Midway rotary drillina rios and equipment manufactured by Midway
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate