Federal Court of Australia
CATCHWORDS
Trade Practices - misleading and deceptive conduct - purchase of
land - alleged representation by land salesman as to availability
of water supply to land - measure of damages.
Trade Practices Act 1974, ss.52, 53A, 82
Brown v. The Jam Factory Pty Ltd (1981) 35 A.L.R. 79 Mister Fiagqins Pty Ltd v. Centrepoint Freeholds Pty Ltd (1981) 36
A.L.R. 23 Yorke v. Ross Lucas Pty Ltd (1982) 45 A.L.R. 299
Matter No. G15 of 1985
ANTONIO JOSEPH CERAVOLO and PETER ECONOMOU REAL ESTATE PTY LTD
and GERHARD STEPHEN BOTZEK
RECEI' ~§ OCT 1985 ;
Forster J. FERAL C
Adelaide
3 October 1985
wg a ee
IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY) } No. G15 of 1985
GENERAL DIVISION )
BETWEEN:
ANTONIO JOSEPH CERAVOLO Applicant
- and -
PETER ECONOMOU_ REAL ESTATE PTY LTD and GERHARD STEPHEN BOTZEK
Respondents
MINUTE OF ORDER
FORSTER, J. ADELAIDE
3 OCTOBER 1985
JUDGE MAKING ORDER WHERE MADE DATE OF ORDER
THE COURT ORDERS THAT:
1. There be judgment for the applicant against the first respondent in the sum of $14,436 with the first respondent to pay the applicant's costs to be taxed.
2. The applicant be at liberty to discontinue proceedings against the second respondent Gerhard Stephen Botzek with the
applicant to pay the second respondent's costs to be taxed.
3. The second respondent be at liberty to discontinue the
cross-claim against the first respondent with no order as to
costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA } ) SOUTH AUSTRALIAN DISTRICT REGISTRY)
) No. G15 of 1985 GENERAL DIVISION )
BETWEEN:
ANTONIO JOSEPH CERAVOGLO Applicant
- and -
PETER ECONOMOU REAL ESTATE PTY LTD and GERHARD STEPHEN BOTZEK
Respondents REASONS FOR JUDGMENT CORAM: Forster J. This case provides a further indication of the desirability of power being given to this Court to remit proceedings to a suitable State Court for resolution. The
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