Federal Court of Australia
CATCHWOPODS5
TRADE PRACTICES - statements made by respondent concerning a concrete pump's capacity material to applicant's decision as to
the vig's suitability - applicant caused a company to purchase the rig from the respondent - applicant leased the rig from the company - certain statements inaccurate and in the circumstances were misleading or deceptive when made (sub-s. 52(1) of the Trade Practices Act).
Trade Practices Act, ss. 52(1), 82
LEIGH ENTERPRISES PTY LIMITED -V- TRANSCRETE PTY LIMITED
(Qld G109 of 1982)
FITZGRRALD J. BRISBANE 13 APRIL 1984
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD 109 of 1982 GENERAL DIVISION )
BETWEEN : LEIGH ENTERPRISES PITY LIMITED
Applicant AND: TRANSCRETE PTY LIMITED Respondent ORDER JUDGE MAKING CRDER: FITZGERALD J. DATE OF ORDER: 13 APRIL 1984 WHERE, MADE: BRISBANE
THE COURT ORDERS THAT:
1. There be judgment for the applicant against the respondent for 845,000.00.
2. The respondent pay to the applicant its costs of the proceedings other than reserved costs to be taxed.
3. Liberty to either party to apply on or before 27 April 1984 for the hearing to be relisted for the determination of an application for an order in respect of
all or any of the reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD 109 of 1982 GENERAL DIVISTON )
BETWEEN :
LEIGH ENTERPRISES PLY LIMITED
Applicant AND: TRANSCRETE PTY LIMITED Respondent FITZGERALD J. 13 APRIL 1984
REASONS FOR JUDGMENT
The applicant claims under s.82 of the Trade Practices
Act 1974 ("the Act") to recover loss or damage allegedly suffered by conduct of the respondent in contravention of sub-ss. 52(1),
53(a) and 53(c) of the Act. The matter was argued solely by
reference to sub-s. 52(1).
The applicant is and at material times was the trustee for the B.A. Woodcroft Trust, the beneficiaries of which are Mr and Mrs Graham John Kelly. The respondent is a corporation within the meaning of the Act and carries on business in Australia as a supplier of concrete pumps, including Transcrete
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate