Myers, W.J. & Anor v. Transpacific Pastoral Company Pty Ltd [1986] FCA 28

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON

BETWEEN: WARREN JOHN MYERS

) QLD G104 of 1985

& ELIZABETY FIONA MYERS

AND: TRANSPACIFIC PAST

Applicant

ORAL CO. PTY, LTD.

Respondent MINUTES OF ORDER JUDGE MAKING OPDER: PINCUS J. DATE OF ORDEP 18 FEBRUARY 1986 WHERE MADE: BRISBANE THE COURT CROERS THAT:

i The respondent pay the applicants the sum of $5,369.

2 The respondent pay the applicants' costs of and incidental tc this aprlication to be taxed if not agreed.

NOTE: Settlement and entry of orders is dealt with in

of the Federal Court Rules.

Order 36

same thing. Under those paragraphs, the applicants led evidence

that they were told the land in question was a rich sandy loam

suitable for use in growing flowers and vegetables commercially.

The apolicants proved that the land is totally

unsuitable for the purpose mentioned. It is neither friable nor fertile and drains badly. The evidence is that it is suitable

for grazing only, at a carrying capacity, in a reasonable season

the poor quality of the so1l 121s unsuitable fer commercial

cropping.

The mygalnty oof the land i¢ not oir issue ani 'the main factual dispute 1-2 as tc whether Mr, Eone wade the statements atteibuced tc him by the applicants. Mr, Bone says he was not

asked for any information about the nature of the land me volunteer any, although he admits there were a number of

conversations abcut the transaction before the contract was mace

the applicant's recollection of even

w

greed to buy the land without having inspecteé it, and it seems clear that they hoped to use it commercially. I think it unlikely that they 'ould have refrained entirely (as Mr says they did) from making any enquiry about its quality. It is true that the statements complained of are not to be found in Mr.

Bone's letters to the applicants which have, at least in part,