Federal Court of Australia
CATCHWORDS
Trade Practices - misleading and deceptive conduct - validity of notice avoiding contract to purchase.
Practice and procedure - nature of an appeal to Federal Court in the exercise of its appellate jurisdiction ~ rehearing or appeal strictly so called - retrospective legislation affecting substantive rights and its application where it comes into operation after judgment but before appeal is determined.
Building Units and Group Titles Act 1980 ss.49, 49A Building Units and Group Titles Act Amendment Act 1983 Federal Court of Australia Act 1976 ss.24, 26, 27, 28, 32
DURALLA PTY. LTD. v. MERLE PLANT
Q. No. G128 of 1983
Smithers, Northrop and Beaumont JJ. Melbourne
4 June 1984
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY ) Q. No. G128 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DURALLA PTY. LTD. Appellant and MERLE PLANT Respondent CORAM: Smithers, Northrop and Beaumont, JJ. DATE: 4 June 1984 PLACE: Melbourne ORDER
THE COURT ORDERS THAT:
l. The appeal be dismissed. 2. The appellant pay the respondent's costs of the
appeal.
IN THE FEDERAL COURT OF AUSTRALTA
QUEENSLAND DISTR=CT RECTSTRY NO. G128 OF 1983
od
GENERAL BIVISTON
7)
On appeal from a single jud¢ of the Federal Court of Bustralia.
Between:
or] oO Kel
for ct ry fi) fy Hy
ee RB ts) fas) ize = a7]
Smithers J.: Sy an application filed on 19 August 1983 Merle
Plant (the ressondenr) sought relier under the Trade Practices a
1974 (the Act) and on other grounds in respect
enent tehhich Duralla Pry. Ltd. (the appellant) asserted she
m
aar had entered into to purchase unit 22 in "Cleveland Waters" at
Included in the relief sought was an
ar the sum of $11,535 paid by hec
ty
+ f
osit in respect of the purchase.
ry) a. a ie]
~
the appellant sought an order for specific
performance of an agreement in writing between the respondent as purchaser and the appellant as vendor of the said unit dated 24 June 1982 or, in the alternative, of an alleced agreement hetween those parties in those caracities concerning the same unit dated 14 April 1982, or in the alternative
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