Sinclair, Raymond Arthur George & Anor v W.R. Carpenter Australia Pty Ltd [1983] FCA 316

CATCHWORDS

PRACTICE AND PROCEDURE - ESTOPPEL - motion for summary termination or stay of proceedings under Part V of the

Trade Practices Act - prior State Supreme Court judgment for

specific performance - unnecessary to consider whether

relief claimed by the applicants in the Federal Court

unavailable by reason of the Supreme Court's judgment and

findings - reliance upon misrepresentation, unconscionable conduct

and Part V of the Trade Practices Act as defences in

Supreme Court proceedings for summary judgment for specific performance ~- provision in contract whereby the applicants acknowledge that no representation by vendor or vendor's agent was relied on except as set out in:the contract - application

of doctrines of estoppel - res judicata - issue estoppel.

Federal Court Rules

RAYMOND ARTHUR GEORGE SINCLAIR and HELEN ERICA SIACLAII v. W.R. CARPENTER AUSTRALIA PTY LIMITED

Qid G71l of 1983

PITZGERALD J. BRISBANE

2 NOVEMBER 1983

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) Qld G71 of 1983 GENERAL DIVISION ) BETWEEN:

RAYMOND ARTHUR GEORGE SINCLAIR and HELEN ERICA SINCLAIR

Applicant AND: W.R. CARPENTER AUSTRALIA PTY LIMITED Respondent ORDER

JUDGE MAKING ORDER: FITZGERALD J.

DATE OF ORDER: 2 NOVEMBER 1983

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The respondent's motion is dismissed with

costs to be taxed.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) OLD G71 of 1983 GENERAL DIVISION )

BETWEEN :

RAYMOND ARTHUR GEORGE SINCLAIR and HELEN ERICA SINCLAIR

Applicant AND: W.R. CARPENTER AUSTRALIA PTY LIMITED Respondent FITZGERALD J. 2 NOVEMBER 1983

REASONS FOR JUDGMENT

By a contract in writing dated 21 Aucqust 1981) the

applicants agreed to purchase trom the respondent for tlle ona residential mnt 1n the responaent 5s "Spiros - oar development at Toorbul near Brishane. A depocatoer lL., 26 le