Federal Court of Australia
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Trad ractice - misleading or deceptive conduct - application under s.52 and accrued jurisdiction - sale of motor vehicle - alleaed representations by salesman as to condition of vehicle - whether misleading or deceptive - aaqreement to purchase expressed as subject to inspection on or before delivery - relevance of representations made between date of agreement and delivery - omission from statement of claim of particulars of certain representations relied upon by applicant - whether applicant bound
by pleadings - relief appropriate
Trade Practices Act 1974 ss.52, 53. 58 and 87
HOGARTH GALLERTES PTY. LIMITED v. CITY AUTOMOBILE HOLDINGS PTY. LTD. formerly DAVIS COLOUR DISPLAYS PTY. LIMITED t/a NEW ROWLEY MOTORS
No. G146 of 1985
TOOHEY J. PERTH 27 MARCH 1986
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IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES
DISTRICT REGISTRY GENERAL DIVISION
No. G146 of 1985
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BETWEEN: HOGARTH GALLERIES PTY. LIMITED
Applicant
and
CITY AUTOMOBILE HOLDINGS PTY. LTD. formerly DAVIS COLOUR DISPLAYS PTY. LIMITED t/a NEW ROWLEY MOTORS
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J.
DATE OF ORDER: 27 March 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
The contract made by the applicant with the respondent for
the purchase of Jaguar XJS Coupe registered number NUT 596 is
void.
The respondent repay to the applicant the sum of $21,000 paid
by the applicant to the respondent as purchase price of
the vehicle.
The respondent pay to the applicant the sum of $2,100 as
interest on the sum of $21,000.
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The respondent pav the applicant's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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