Ikin, H. & Ors v. Same & Lamborghini Tractors of Australia Pty Ltd & Anor [1985] FCA 310

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD. G125 of 1982 GENERAL DIVISION ) BETWEEN:

HARRY IKIN, MONICA MARGARET IKIN * and HARRY ANTHONY IKIN

Applicants AND: SAME & LAMBORGHINI TRACTORS OF AUSTRALIA PTY.LTD. First Respondent AND:

SAME TRATTORI_ S.p.A.

- Second Respondent

CORRIGENDA

Amendment to the Reasons for Judgment of Spender J. delivered 5 July 1985:

. Page 40 line 7, substitute "s.52" for "s.82" (yom a P.M. Jamieson Associate to Mr. Justice Spender

Date: 10 September 1985

CATCHWORDS TRADE PRACTICES - misleading or deceptive conduct - distributorship agreement - sale by the applicants of their interest in the business - whether loss suffered by the

applicants separate and distinct from that suffered by the

purchaser of the business - whether breach of term of

distributorship agreement - whether novation of the distributorship agreement by the purchaser of the business -

measure of damages - Trade Practices Act 1974, ss.52, 82.

Trade Practices Act (1974) ss.52, 82.

Gould v. Vaggelas (1984) 56 A.L.R. 31

Pirelli General Cable Works v. Oscar Faber & Partners (a firm) £19833 2 A.C. 1

HARRY IKIN & ORS. v. SAME & LAMBORGHINI TRACTORS OF AUSTRALIA PTY.LTD.& ANOR.

QLD. G125 of 1982

CORAM - Spender J. RECEIVED Brisbane iZ GUL 1683 5 July 1985. Vb tra '

PRDERAI COURT OF AUSTRALIA ;

PRINCIPAL =" OA 8 Eecisrby

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G125 of 1982

GENERAL DIVISION )

BETWEEN :

HARRY _IKIN, MONICA MARGARET IKIN and HARRY ANTHONY IKIN

Applicants

SAME & LAMBORGHINI TRACTORS OF AUSTRALIA PTY.LTD.

First Respondent

AND: SAME TRATTORI §.p.A. Second Respondent MINUTE OF ORDER JUDGE MAKING ORDER: Spender J. DATE OF ORDER: 5 July 1985 WHERE MADE: Brisbane

THE COURT ORDERS THAT:

The application be dismissed.

Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules