Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - purchase of a home unit by the applicant "off the plan" - applicant seeks a declaration that she is not contractually bound to purchase the unit and return of the deposit paid - alleged misrepresentation in respect of "sea views" from the unit and "finance" ~ whether representation as to finance within 3.66 of the Auctioneers and Agents Act (Qid) - plea of non est factum in relation to circumstances surrounding execution of an agreement - leave to amend Statement of Claim to plead that these circumstances constituted a contravention of the
Trade Practices Act - failure to comply with s.49 of the Building
Units and Group Titles Act (Qld).
Trade Practices Act, s.52
Auctioneers and Agents Act 1971-1981 (Qld), s.66 Building Units and Group Titles Act 1980 (Qld), s.49
MERLE PLANT v. DURALLA PTY LTD Qld G56 of 1983
FITZGERALD J. BRISBANE 14 DECEMBER 1983
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IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) Qld G56 of 1983 GENERAL DIVISION )
BETWEEN : MERLE PLANT Applicant AND: DURALLA PTY LTD Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 14 DECEMBER 1983 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. There be judgment for the applicant for the sum of $11,595.00.
2. The respondent's cross-claim is dismissed.
3. The respondent pay the applicant her taxed costs of and incidental to these proceedings, including reserved costs, if any.
IN THE FEDERAL COURT OF AUSTRALIA
} QUEENSLAND DISTRICT REGISTRY ) QLD G56 of 1983 GENERAL DIVISION )
BETWEEN : MERLE PLANT Applicant AND: DURALLA PTY LTD Respondent FITZGERALD J. 14 DECEMBER 1983
REASONS FOR JUDGMENT
The substance of the dispute between the parties in this proceeding concerns whether the applicant 1s obliged to complete the purchase of a home unit, Lot 22 "Cleveland Waters", at Cleveland near Brisbane, or 18 entitled to a refund of the monies which she has paid by way of deposit. The applicant seeks to escape the purchase on a bewildering multiplicity of grounds, and the respondent, the developer of "Cleveland Waters", has cross-claimed for a declaration that there is an enforceable
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