Federal Court of Australia
\
L053
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VG No. 137 of 1985
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Between: VICTOR ALEXANDER HALE and BETTY Joy¥ HALE
(Applicants)
And: AGC (HOUSEHOLD FINANCE) LIMITED and CUSTOMTONE KITCHENS AUSTRALIA PTY. LTD.
(Respondents)
Judge Making Order: Smithers J. Date of Order: 5 December 1985
Where Made: Melbourne.
MINUTE OF ORDER
THE COURT ORDERS THAT:
The application is dismissed.
The cross-claim of AGC (Household Finance) Limited against Victor Alexander Hale and Betty Joy Hale and
Customtone Kitchens Australia Pty. Ltd., is adjourned to
a date to be fixed on the application of any party.
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NOTE:
Victor Alexander Hale and Betty Joy Hale are to pay such costs as are reterable exclusively to their claim for
relief under the Trade Practices Act 1974.
Stay order No. 3 until further order.
Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
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IN THE PEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 137 of 1985
GENERAL DIVISION
Between: VICTOR ALEXANDER HALE and BETTY JO¥ HALE
(Applicants)
And: AGC (HOUSEHOLD FINANCE) LIMITED and CUSTOMIONE KITCHENS AUSTRALIA Pry. LTD.
(Respondents)
Coram: Smithers J.
Date: 5 December 1985
REASONS FOR JUDGMENT
Mr. and Mrs. Hale seek relief against the first respondent AGC (Household Finance) Limited (AGC) and the second respondent Customtone Kitchens Australia Ltd. (Customtone) on the ground that a transaction which they entered into with the second respondent (Customtone) on 4 January 1985 and that entered into with the first respondent
(AGC) in March 1985 were entered into under the belief that the price of a Customtone kitchen comprising cabinets and other kitchen equipment to be installed by Customtone under
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