Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - representations in sale of unit "off the
plan" which became contractual promises - whether later non-disclosure of variations or alterations to subject unit
misleading or deceptive conduct - effect of election to affirm on any right to rescind for misleading conduct.
VENDOR AND PURCHASER - vendor's essential obligation to transfer the property the subject of the contract - property to be transferred substantially different from property purchaser contracted to buy - purchaser's rights and remedies - jurisdiction of Court of Equity to order compensation - circumstances in which vendor denied specific performance - election to affirm contact - innocent party then repudiating - assessment of damages.
Trade Practices Act, ss. 82, 87, sub-ss. 4(2), 52(1)
Judiciary Act 1903, 5.79 Federal Court of Australia Act 1976, s.52
Building Act 1975-1984 (Q1d) Fire Safety Act 1974-1982 (Qld)
Building Units and Group Titles Act 1980-1983 (Qld), sub~ss. 20(3), 22(1)
Property Law Act 1974-1982 (Qld), ss. 62, 67, 68, 69
Common Law Practice Act 1867-1981 (Old), s.72
MURRAY NOPTON TIPLADY and LAUREL ROSE TIPLADY -v- GOLD COAST CARLTON PTY LIMITED
(Qld G94 of 1983)
FITZGERALD J. BRISBANE 19 JUNE 1984
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION )
BETWEEN :
QLD G94 of 1983
AND:
MURRAY NORTON TIPLADY and LAUREL ROSE TIPLADY
Applicants
GOLD COAST CARLTON PTY LIMITED
Respondent
GOLD COAST CARLTON PTY LIMITED
Cross-claimant
MURRAY NORTON TIPLADY and LAUREL ROSE TIPLADY
Cross-respondents
ORDER
JUDGE MAKING ORDER: FITZGERALD J.
DATE OF ORDER:
WHERE MADE:
19 JUNE 1984
BRISBANE
THE COURT ORDERS THAT:
l. 2.
Applicants' claim be dismissed.
Judgment for the respondent against the applicants for $81,770.00.
Applicants pay to the respondent its costs, including any reserved costs, of the claim and cross-claim, to be taxed.
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