Federal Court of Australia
IN THE FEDERAL CuonhT Gr AUSTRALIA ? ) NEN SOUTH WALES DISTVICT REGISTRY , No. 175 of 2382 ) SEVERAL DIVISiON ) BETWEEN : PATRICK JOSEPH MINEHAN and HAZEL JOSEPHINE MINEHAN apoitcanre: ANL: Jick FOWARL CYOUNG: ET. LInteeo Respondent ORDERS CORAM: ST. JOHN. J. DATE: 24 MAY 1984 PLACE: SYDNEY 1. Judgment for the applicants in the sum of nine thousand and ten dollars (89,010). 2. The respondent 18 ordered 9 pay the applicants'
costs or the action.
re S w Peas}en s RS] ce lal [as] tc! = las) Hy Ke] I~ oa H As tm fa) re w 1] ru Het Fat a t un Oo m, - vet wo ta
BETAGEN : PATRICK JOSE Ht
Jos YaZEL JOSEPHINE MINERAN
t
q Hed oat n= ye .
Respondent EXTEMPORE 7: REASONS FOR JUDGMENT CORAM: ST. JOHN. J. DATE: 24 MAY 1984 PLACE: SYDNEY This application 15 for aamages oursuant tc S. G2 of
nts, Patrick
fo 1)
the Traae Practices Act 1974 1n thicn the applic
Ie wi
Josepn Minehan and h wite, ace suing for damages 1n resvect
to a baling machine supolied by the respondent comoany.
Aiter some davs of hearing, the respondent samnitted
liabiiity and I have heard evidence cirected to the question
of che damages wnhicn snoula fiow from the baler nat being reasonablv fat For the vucpose for which 217 was supplied. The
evidence relating to camage comes. in the main. in the form of
CH MINEHAN and I
.TobNS. ETT.
- ney
ta
com che apolicant. Patrick Minenan, who nas
Do as) we I~ ay st B ta ibQ 15) ball
been a farmec in the Wombat district near Young for over thirty years. He had previocusiy been in vcssession cr, ana ar the time of this purcnase was still in possession of, a baling
machine which baled hay into square pales.
Tn or about June 3
ri, ee 'g Lo ee ta) fo re) 'O Ssy oO 'y Hi) fen ql Fe) i) rs 1D er) 'S fa)fat 1D i] rt
company with the obtect af satisivina hRimseil wheatner of net he should puy a new tyoe of baler which procucea a rouna bale, eeally aocylindricai bale whicn was much heavier tnan the conventional square baie. The machine, which was later admitted not to be reasonably f1t for the wurpose. was delivered to him late in August and he persisted in attempting to make it work efficiently with and without the assistance or
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