Federal Court of Australia
CATCHWORDS
Trade Practices - misleading and deceptive conduct -
misrepresentation - damages - no binding contract
business.
Trade Practices Act 1974 s. 52.
Eccles v. Bryant [£19481] Ch. 93
Neill v. Hewens (1953) 89 C.L.R. 1.
G.A. NOMINEES PTY. LTD. v. BARDEN MOTORS PTY. LTD. GRAY J.
21ST DECEMBER 1984 MELBOURNE.
fraudulent
for sale of
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No. VG 6 of 1984
GENERAL DIVISION
BETWEEN:
G.A. NOMINEES PTY. LTD.
Applicant
AND BARDEN MOTORS PITY. LTD. and BRUCE HOCHKINS Respondents ORDER
JUDGE MAKING ORDER: GRAY J.
DATE OF ORDER: 21ST DECEMBER 1984
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT there be judgment for the Applicant against both Respondents for damages in the sum of $13,000.00.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No. VG 6 of 1984 GENERAL DIVISION
BETWEEN:
G.A. NOMINEES PTY. LTD.
Applicant
AND BARDEN MOTORS PIrY. LTD. and BRUCE HOCHKINS Respondents JUDGE: GRAY J. DATE: 21ST DECEMBER 1984
REASONS FOR JUDGMENT
The Applicant in these proceedings, G.A. Nominees Pty. Ltd., 18 a company which acts as trustee for the Aussems Family Trust. Its sole source of income is through the labours of Mr. Gillis Pierre Francois Aussems, a person who has had considerable experience in selling new cars and in buying and selling used cars. At various times, Mr. Aussems has conducted a dealership for Daihatsu vehicles, operated a used car business, and acted as
buyer of used cars for major dealers.
The first Respondent, Barden Motors Pty. Ltd. 15 also a
-2- family company. Its prime mover 1s the second Respondent, Bruce
Hochkins.
The subject of the proceeding is a business formerly conducted by the first Respondent at 482 Warrandyte Road, South Warrandyte. At all relevant times, that business has consisted partly of a retail petrol filling station, together with the sale of oils and other goods typically sold in conjunction with such a business, and partly of a workshop for the carrying out of mechanical repairs to motor vehicles. From 1974 until the events which brouqht about this litigation, the business was conducted by the second Respondent and his wife, or by the first
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