Jones & Anor v Acfold Investments Pty ltd & Anor [1983] FCA 344

"~ aye. 4

iN

CATCHWORDS

TRADE PRACTICES - Consumer protection - Misleading and

deceptive conduct - "Off-the-plan" purchase of two units

in multi-storey building on Sunshine Coast - Whether representations made to applicants by developer and

sales agent as to external finish of building ~- Whether representations made to purchasers by sales agent as to continued presence of caravan park in proximity to the building - Whether any representation made was misleading or deceptive - Whether representations relied on by the applicants - Whether innocent misrepresentations made to purchasers - If so whether they induced purchasers to enter into contracts of purchase ~ Whether entitled to rescind their contracts - Construction of contract - Whether contracts of purchase are illegal and void by virtue of interest

provisions in Companies Act 1961 (Qld),

Trade Practices Act, s. 52

Companies Act 1961 (Q1d), s. 76

JONES & ANOR v., ACFOLD INVESTMENTS PTY. LIMITED and R.B. FOSTER PTY, LIMITED

No. G102 of 1982 No. G103 of 1982

LOCKHART J. 18 November 1983

Sydney

IN THE FEDERAL COURT OF' AUSTRALIA

No. G102 of 1982

QUEENSLAND DISTRICT REGISTRY No. G103 of 1982

we

GENERAL DIVISION

BETWEEN : SAMUEL BARRY JONES and PATRICIA JONES

Applicants

AND: ACFOLD INVESTMENTS PTY. LIMITED

First Respondent R.B. FOSTER PTY. LIMITED

Second Respondent

ORDER JUDGE MAKING ORDER 3 Lockhart J. DATE OF ORDER : 18 November, 1983 WHERE MADE : Sydney

THE COURT ORDERS :-

That matters QG102 and QG103 of 1982 be adjourned to a date

to be fixed.

IN_THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

No. Gl02 of 1982 No. G103 of 1982

BETWEEN : SAMUEL BARRY JONES and PATRICIA JONES

Applicants

AND: ACFOLD INVESTMENTS PTY. LIMITED

First Respondent R.B. FOSTER PTY. LIMITED Second Respondent

LOCKHART J. 18 November, 1983

REASONS FOR JUDGMENT