Sheppard, A.R. & Anor v. Noyes Brothers Pty Ltd [1985] FCA 311

CATCHWORDS

TRADE PRACTICES - false representation as to model and engine of

motor vehicle - measure of damages - Trade Practices Act 1974, ss.53, 82.

Trade Practices Act 1974, ss.53, 82.

A.R. SHEPHERD and G.M. SHEPHERD v. NOYES BROS.PTY.LIMITED QLD. G98 of 1983

CORAM: Spender J. Brisbane 4 July 1985

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G98 of 1983 GENERAL DIVISION )

BETWEEN :

ALAN RONALD SHEPHERD and GLENDA MAY SHEPHERD

Applicant AND: NOYES BROS.PTY.LIMITED Respondent MINUTE OF ORDER

JUDGE MAKING ORDER: Spender J.

DATE OF ORDER: 4 July 1985

WHERE MADE: Brisbane

THE COURT ORDERS THAT:

There be judgment for the applicants against the respondent in the sum of $4,500.00.

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

IN THE FEDERAL COURT OF AUSTRALTA )

QUEENSLAND DISTRICT REGISTRY ) QLD G88 of 1983 GENERAL DIVISION ) BETWEEN : ALAN RONALD SHEPHERD and GLENDA MAY SHEPHERD . Applicant

AND: NOVES BROS.PTY.LIMITED

Respondent

SPENDER J. 4 JULY 1985

REASONS FOR JUDGMENT

This is an application for relief pursuant to s.82 of

the Trade Practices Act ("the Act") arising from an alleged

contravention of s.53(a) of the Act, which provides:-

"A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services -

(a) falsely represent that goods are of a particular standard, quality, grade, composition, style or model or have hada particular history or particular previous use;

The applicants, on about 16 June, 1983, purchased a

Volvo F86 prime mover from the respondent for $9,995.00.

There are two principal issues. The first 1s whether the respondent, contrary to s.53 of the Act, represented that the prime mover was a 1974 model and hada 210 h.p. motor. The second, if a contravention is established, 1s what are the