Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - claim to recover amount paid to the respondents under an agreement relating to the conduct of a
business for the retail sale of used furniture and other goods - representations by or on behalf of the respondents false, misleading and deceptive, and fraudulent - failure by second respondent to perform fundamental obligations under the agreement
- whether notice to respondent to remedy its breaches required.
Trade Practices Act
ROBERT LEONARD WEAVER & HEATHER MAREE WEAVER (Applicants) v. NERVINA INDUSTRIES (INTERNATIONAL) PTY LTD (First Respondent) and TISDALE PTY LTD (Second Respondent)
FITZGERALD J. BRISBANE 7_ DECEMBER 1983
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld 51 of 1983 GENERAL DIVISION )
BETWEEN : ROBERT LEONARD WEAVER
Applicant AND:
HEATHER MAREE WEAVER
Second Applicant
AND: NERVINA INDUSTRIES (INTERNATIONAL ) Pry LTD First Respondent AND: TISDALE PTY LTD Second Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 7 DECEMBER 1983 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. There be judgment for the applicants against both respondents for $25,800.00
2. The cross-claim is dismissed.
3. The respondents pay the applicants' costs of and incidental to the proceedings including reserved costs, if any, to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD 51 of 1983 GENERAL DIVISION )
BETWEEN : ROBERT LEONARD WEAVER
First Applicant
AND: HEATHER MAREE WEAVER Second Applicant AND: NERVINA INDUSTRIES ( INTERNATIONAL) PIY LTD First Respondent AND: TISDALE PTY LTD Second Respondent FITZGERALD J. 7 DECEMBER 1983
REASONS FOR JUDGMENT
On 14 February 1983, a written agreement was entered into between the applicants (therein described as the "Licensed Dealer") and the second respondent (therein described as the ""Company") relating to the conduct of a business for the retail sale of used furniture and other goods in Bundaberg under the name Royce Re-Used Furniture (Bundaberg). The applicant, who had previously paid a deposit of $5,160.00, paid a balance purchase
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