Federal Court of Australia
\d. JUDGMENT No. 59.06 » 84
CATCHWORDS
TRADE PRACTICES - appeal - contracc for the purchase of a unit
"off the plan" - representations maa by the respondents as to certain features of the proposed unit - respondents' failure to construct the unit in accordance with the agreement - whether
knowledge of legal right (as opposed to facts entitling) is
necessary to rescind - whether appellants' canduct sufficient to constitute election to affirm - whether the respondents
entitlement to damages to be determined by reference to the terms
of the contract or the common law.
Trade Practices Act i974, 3s. 52, 53 Bu1rlding Act 1975-1984 (91d)
Fire Safety Act 1974-1982 (Q1d)
The Burlding Units and Group Titles Act 1989 \Qld), s.49
Evidence Act 1976 ( (Q1id)
MURRAY NORTON TIPLADY and LAUREL KhOSF TIPLADY v. GOLD COAST
CAPLTON PTY LIMITED (Qld Gof cl t4ad)
GOLD COAST CARLTON PTY LIMITED v. MURRAY ORTON TIPLADY and LAVREL ROSE TIPLADY (Qld G66 of 1984)
McGREGOR, LOCKHART & SPONDER JJ. L OCTOBER. 1984
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
wee ww
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FFEDFRAL COURT OF AUSTRALIA
No. OLD. G69 of 1984
BETWEEN :
MURRAY NORTON TIPLADY AND LAUREL ROSE TIPLADY
Appellants AND:
GOLD COAST CARLTON PTY. LIMLTED
Responaent
No. 90. G. 66 of 1984
+ £ -.
BETLOEN :
GOLD "VAST CARLTON PTY.
LIMITED
Cross-Appellant
AND:
MUPRAY NORTON TIPLADY AND LAUREL ROSE TIPLADY
Cross-Respondents
ORDER
JUDGES MAKING ORDER: McGREGOR, LOCKHART AND SFENDER JJ.
DATE OF ORDER: 1 OCTOBER 1984
WHERE MADE: BRISBANE
THE COURT OPDEPS THAT:
be
The appeal cf Murray Norton riplady ani Laurel Pose Tiplady be 'lismissed.
The cross avgeal of Gald Coast Carlton Pty Limited be allowed.
Judgment he entered for Gold Coast Carlton Fty Limited ain the sum of $151,779.69 instead of 381,770.00.
Murray Norton Tiplady and Laurel Rose Tiplady pay the cost3 cf Gold Coast Carlton Pty Limited of the appeal and the cross appeal to be taxed.
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