Federal Court of Australia
(55
CATCHWORODS
TRADE PRACTICES - claim under s.52 of Act - rescission sought - accord and satisfaction - undertaking given to restore property in question to proper condition.
Trade Practices Act, 1974, s.52, s.87 Sale of Goods Act, 1896 (Q.), s.36
PATRICIA DOLORES TOMPKIN v.
NOSSIDA (NO. 1) PTY. LTD.
QLD G117 OF 1985
PINCUS J.
BRISBANE 24 DECEMBER 1985
EpERAL COURT OF FEDETUSTAALIA
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G117 of 1985 GENERAL DIVISTON )
BETWEEN :
PATRICIA DOLORES TOMPKIN
Applicant AND: NOSSIDA (NO. 1) PTY. LTD. Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 DECEMBER 1985 WHERE MADE: BRISBANE
THE COURT ACCEPTED THE FOLLOWING UNDERTAKING:
The respondent undertakes to repair the applicant's BMW 318i motor vehicle in accordance with the letters, exhibits MG6
and MG8 to the affidavit of Marian Graham filed herein, including supplying a suitable replacement vehicle during the time of such repairs, to the approved standards of BMW Australia, compliance with such standards and restoration of the vehicle to "as new" condition to be verified by an officer nominated by the Royal Automobile Club of Queensland (other than Mr. A. J. Budworth), all to be done at the expense of the respondent.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G117 of 1985 GENERAL DIVISION )
BETWEEN : PATRICIA DOLORES TOMPKIN
Applicant
NOSSIDA (NO. 1) PTY. LTD.
Respondent
PINCUS J. 24 DECEMBER 1985
EX TEMPORE REASONS FOR JUDGMENT
This is an application made under the provisions of the Trade Practices Act and also under the general law in respect of the purchase of anew BMW 318i motor vehicle made by the applicant in September 1985. The application seeks rescission of the contract for sale, which was effected by the applicant paying cash in the sum of $21,350 and trading in a 1974 model BMW 2002
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