Federal Court of Australia
Trade Practices - sale of airseeder - alleged defects
interfering with seeding - claim for financial loss - whether alleged representations einikatine or deceptive conduct - whether failure to warn potential purchasers
of problems associated with use of hydromotor - misleading or deceptive conduct - meaning of "merchantable quality" - whether airseeder reasonabiy fit for purpose for which required - relationship between misleading
or deceptive conduct and breach of implied conditions
of merchantable quality and fitness for purpose -
meaning of "personal, domestic or household use or
consumption" - claim for breach of express warranties
Trade Practices Act 1974 ss. 52, 55, 68, 71, 74B, 74F and 74G
and Jean BLA
v. JOHN SHEARER LIMITED
No. WA G9 of 1982
THE COURT ORDERS THAT:
1. The name of the applicant herein' be amended to
VAUGHN CHARLES BUNTER and JEAN BUNTER.
Toohey J. Perth
27 February
fa FS
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA G9 of 1982
~w~ww er
BETWEEN: | yp Vow (
\ JEON Bont&-
Applicant and
JOHN SHEARER LIMITED
Respondent Q R D_ E R JUDGE MAKING ORDER 5 Toohey J. DATE OF ORDER ; 27 February 1984 WHERE MADE : Perth THE COURT ORDERS THAT: Ls The applicant's claim be dismissed.
Le There be paid out of Court to the respondent's solicitors the money paid into Court by the
respondent.
3. The question of the costs of the application
be adjourned to Chambers.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G9 of 1982
BETWEEN : Yawn Cha
re QCA > "° ge
x
Applicant and JOHN SHEARER LIMITED
Respondent
CONTENTS
Introduction
The Parties
The John Shearer Airseeder The Claim
Pre-contract Negotiations
The Contract
Delivery of the Airseeder
Applicant's Complaints
The Year 1979
The Year 1980 17
ment of the Applicant's Evidence
An Asses
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