Boyce, Carmel Madonna v Cafred Pty Ltd & Ors [1984] FCA 479

KV

CATCHWORDS

PRACTICE AND PROCEDURE - misleading and deceptive conduct applicant seeking to lead evidence of representations made by other agents of the respondent to persons other than the applicant - application of principle of similar facts - factors to be considered - evidence not admitted.

Trade Practices Act 1974

CARMEL MADONNA ROYCE v. CAFRED PTY LIMITED (First Respondent)

and NARWIN ENTERPRISES PTY LTD TRADING AS QUEENSLAND FINANCE AND LAND (Second Respondent)

Qld G86 of 1984

SPENDER J. BRISBANE 31 OCTOBER 1984

IN _THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) OL!' GBe of lard GENERAL DIVISION ) BETWEEN :

CARMEL MADONNA BOYCE

Apr dicant AND:

CAFFED PTY LIMITED

First bespondent AND:

NARWIN ENTERPRISES PTY LTD

TRADING AS QUEENSLAND FINANCE AND LAND

Second Respondent

ORDER

JUDGE MAKING ORDER: SPENDER 7.

DATE OF ORDER: 31 OCTOBEF 184 'WHERE MADE: BRISBANE THE_COURT ORDERS THAT:

The evidence cf David James Burrell, Heien Michelle Burrell and Leslie Anne Hendrick sough! to be led by the applicant not be admitted.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD Gke of LYya4d GENERAL DIVISION )

BETWEEN :

CARMEL MADONNA BOYCE

Applicant AND: CAFRED PTY LIMITED First Respondent AND: NARWIN ENTERPRISES PTY LTD TRADING AS QUEENSLAND FINANCE AND LAND Seccnd Respondent SPENDER J. 3]. GCTOBER 1984

EXTEMPORE REASONS FOR JUDGMEN''

In this case, counsel for the applicant seexs to lead evidence in respect of conversations said to have taken place between other purchasers of first respondent's land and agents of

the vending company, different from the agent said to have made

=)

the representation in this particular case. Tris apelication is

for relief pursuant to the Trade Practices Ac- 1974 ("the Act")

in respect of the payment of money as a deposit for the purchase

of a block of land.