Jones, W.T. & Anor v Petersville Ltd [1986] FCA 118

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CATCHWORODS

FEDERAL COURT - jurisdiction - small case - allegation of breach of implied warranties - allegation of s.52 breach added -

relevance of costs - claim struck out.

Trade Practices Act, 1974, s.52, Part V. Div.2

WILLIAM THOMAS JONES & ANOR v. PETERSVILLE LIMITED

QLD G13 of 1986

PINCUS J.

BRISBANE 26 March 1986

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G13 of 1986 GENERAL DIVISION )

BETWEEN: WILLIAM THOMAS JONES and BARBARA ANNE JONES

Applicants AND: PETERSVILLE LIMITED Respondent DATE OF HEARING: 25, 26 March 1986 DATE JUDGMENT DELIVERED: 26 March 1986 COUNSEL. for the applicants Mr. W. Sofronoff instructed by Peter J. Davis & Associates . for the respondent Mr. R. Traves instructed by

Feez Ruthning.

J. A. LYONS ASSOCTATE TO PINCUS J.

26 March 1986

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IN THE FEDERAL COURT OF AUSTRALTA )

QUEENSLAND DISTRICT REGISTRY ) QLD G13 of 1986 GENERAL DIVISTON )

BETWEEN: WILLIAM THOMAS JONES and BARBARA ANNE JONES

Applicants AND: PETERSVILLE LIMITED Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 26 March 1986 WHERE MADE: BRISBANE

THE. COURT ORDERS THAT:

The statement of claim as amended be struck out.

The costs of and incidental to the application for directions, as to the proceedings on 25 March 1986 only, be taxed and paid by the applicants to the

respondent.

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

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IN THE FEDERAL COURT OF AUSTRALIA )

QURENSLAND DISTRICT REGISTRY ) QLD G13 of 1986 GENERAL DIVISION )

BETWEEN: WILLIAM THOMAS JONES and BARBARA ANNE JONES

Applicants

AND: PETERSVILLE LIMITED

Respondent

PINCUS J. 26 March 1986