Sanrod Pty Ltd & Ors v Dainford Ltd [1984] FCA 170

\ CATCHWORDS

a

TRADE PRACTICES - misleading or deceptive conduct - purchase of home unit "off the plan" - vrespondent's conduct conveying a

false impression when viewed 1n context of subject matter of negotiations - interest awarded as component of damages for

loss of use of money paid over in consequence of misleading

conduct.

Trade Practices Act 1974, ss. 82 and 87, sub-ss. 4(2) and 52(1)

dudiciary Act 1903, 5.79

Building Units and Group Titles Act 1980-1983 (Qld), s.49

Common Law Practice Act 1867-1981 (Qld), s.72

SANROD PTY LTD (First Applicant) & HENRY JOHN JAGO and BEATRIC ELEANOR JAGO (Second Applicants) -v-

DAINFORD LIMITED (Respondent)

(Qld G10 of 1984)

FITZGERALD J. BRISBANE 19 JUNE 1984

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY ) QLD G10 of 1984 GENERAL DIVISION )

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BETWEEN : SANROD PTY LTD

First Applicant

AND: HENRY JOHN JAGO and BEATRIC ELEANOR JAGO Second Applicants AND: DAINFORD LTD Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 19 JUNE 1984 WHERE MADE: BRISBANE

THE COURT DECLARES THAT:

The contract dated 24 August 1981 entered into between the first applicant as purchaser and the respondent as vendor for the sale of Unit No. 2B in "Imperial Surf" and the guarantee dated 24 August 1981 and signed by the second applicants in the Fourth Schedule to that contract both to be void.

THE COURT ORDERS THAT:

1. The respondent pay to the first applicant $50,000.00 by way of damages.

2. The respondent's cross-claim be dismissed.

. 3, The respondent pay to the applicants their costs, including any reserved costs, of the claim and cross-claim to be taxed.

enh : ", ' $9 aad wane :

.

. .

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION )

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QLD G10 of 1984

BETWEEN :

SANROD PTY LTD

First Applicant

AND: HENRY JOHN JAGO and BEATRIC ELEANOR JAGO Second Applicants AND: DAINFORD LID Respondent FITZGERALD J. 19 JUNE 1984