Turelin Nominees Pty Ltd v Dainford Ltd [1984] FCA 37

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CATCHWORDS

Trade Practices - misleading and deceptive conduct - representations relating to the view from the unit bought by the applicant, as to whether there would be shelves that would join the balconies of units of the building - and as to whether a balcony of an adjoining unit would join the balcony of the unit - whether such representations induced the applicant to enter into the contract - whether the contents of the sales brochure constituted a warranty - construction of the contract - meaning of the term that the unit was on the i5th level - the description of tne unit being on the 15th level

constituting a condition of the contract.

Trade Practices Act 1974 ss.52, 53 and 53A.

TURELIN NOMINERS PTY. LTD. v. DAINFORD LIMITED VG No. 202 of 1982 Smithers d.

2 March 1984

Melbourne.

IN THE FEDERAL COURT OF AUSTRALIA

VG No. 202 of 1982

VICTORIA DISTRICT REGISTRY

a re

GENERAL DIVISION

BETWEEN: TURELIN NOMINEES PTY. LTD.

(Applicant)

AND: DAINFORD LIMITED

(Respondent)

Judge Making Order: Smithers J.

Date of Order: ; 2 March 1984 Where Made: Melbourne. ORDER

THE COURT DECLARES THAT:

1. On 29 October 1982 the applicant validly rescinded the agreement between the applicant and the respondent dated 28 August 1981 and the contract

was thereby rescinded.

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THE COURT ORDERS THAT:

1. The respondent refund to the applicant the sum of

$24,900.00 paid by the applicant to the respondent

in respect of the said contract.

2. Costs are reserved.

3. Either party has liberty to apply in relation to

costs and generally on 7 days notice.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) ) GENERAL DIVISTON )

BETWEEN :

VG No. 202 of 1982

TURELIN NOMINEES

» Coram: Smithers J.

2 March 1984

REASONS FOR JUDGMENT

PTY. LTD.

(Applicant)

DAINFORD LIMITED