Galloway, K.A. v. Mapmakers Pty Ltd [1985] FCA 464

NOT CONSTDERED SUITABLE FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALT

) ) QUEENSLAND DISTRICT REGISTRY ) No. G.33 cf 1985 ) )

GENERAL DIVISION

KEVIN ALBERT GALLOWAY

Applicant

MAPMAKERS PTY.LIMITED

Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Orders: Burchett J.

Date of Orders: 5 September, 1985 Where made: Brisbane

THE COURT DECLARES THAT:

(1)

(2)

NOTE:

The contract referred to in the Statement of Claim and Application is void ab initio AND ORDERS THAT:

The respondent refund to the applicant the sum of $1295, together with interest in the sum of $60.

The respondent pay the costs, including reserved costs. It is noted that costs, upon directions hearings other than the one where costs were reserved, were ordered to be costs in the proceedings, and accordingly will fall within this costs order. If the costs are not agreed, they are to he taxed.

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

IN THE FEDERAL COURT OF AUSTRALIA ) )

QUEENSLAND DISTRICT RESTSTRY ' No. G.3? of 1985

GENERAL DIVISION

BETWEEN : KEVIN ALBERT GALLOWAY

Applicant

AND: MAPMAKERS PTY. LIMITED

Respondent

REASONS FOR JUDGMENT

BURCHETT J.

The applicant, Mr. Galloway, signed a contract to purchase an area of 7.7 hectares of vacant land at Millmerran, which I am informed is some three hours drive from Brisbane out past Toowoomba. Subsequently, his solicitors asserted that the contract was rescinded, and he claims a declaration that the contract was void ab initio, and a return of his deposit of $1295 plus interest. It is agreed that, if I were to make these orders

and to award interest, it would be appropriate to allow a sum of

$60.

The claim is made on the basis that the respondent, through its salesman, a Mr. Smart, made certain representations

which are set out in paragraph 3 of the Statement of Claim. Of