Federal Court of Australia
JUDGMENT No. wnctOSy St
45 CATCHWORDS
TRADE PRACTICES - Sale of units "off the plan" - First mortgage - liquidation of developer - Statement that developer "owner" by
estate agent - Whether misleading or deceptive - Whether estate
agent or directors of company liable - Whether negligent
mis-statement - Whether collateral contract.
Trade Practices Act 1974 - ss.52, 75B.
THOMAS JAMES BARNETT and OTHERS v. ABVAY PTY. LTD. and OTHERS
No. WAG 35 of 1983
Fox J. 21 December 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH DI G DIvISs JUDGE:
DATE OF ORDER:
WHERE MADE:
) ) REGISTRY } ) )
No. WAG 35 of 1983
BETWEEN :
THOMAS JAMES BARNETT and JOAN MARY BARNETT
First Applicants AND:
PETER ANDREW GORMAN and JOAN MARGARET GORMAN
Second Applicants AND: ABVAY PTY. LTD.
First Respondent AND: KENNETH JAMES POLLA
Second Respondent AND:
BRIAN SAMUEL TOTTERDELL and JEANETTE LESLEY TOTTERDELL
Third Respondents
ORDER
Fox Jd.
21 December 1984
Sydney.
THE COURT ORDERS THAT:
l. The application/be dismissed. 4 hi ORG tns4 all He respondents ote han Nou; vd I
2. The applicants pay the costs of the respondents (other than Abvay Pty. Ltd.) of the application.
IN THE COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISTON
No. WAG 35 of 1983
—~wew
BETWEEN :
THOMAS JAMES BARNETT and JOAN MARY BARNETT
First Applicants AND:
PETER ANDREW GORMAN and JOAN MARGARET GO
Second Applicants AND ABVAY PTY. LTD.
First Respondent AND: KENNETH JAMES POLLA Second Respondent AND:
BRIAN SAMUEL TOTTERDELL and JEANETTE LESLEY TO DELL
Third Respondents
CORAM: FOX J. DATE: 21 December 1984
REASONS FOR JUDGMENT
FOX J.
In these proceedings, the first applicants (Mr. and Mrs. Barnett) and the second applicants (Mr. and Mrs. Gorman) seek
damages for breaches of 8.52 of the Trade Practices Act 1975
("the Act"), and at common law for breaches of a collateral agreement and for negligent mis-statements of fact against one or more of the first respondent, the second respondent and the third respondents. There are in effect two proceedings being heard together, the first applicants and the second applicants having
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