Federal Court of Australia
QVe
TATCHBAOARDS
TRADE PRACTICES - claim against manufacturer - whether claimed horsepower attained - use of S.A.E, testing code - reasonableness of modifving engine - "consumer".
Trade Practices Act ss.52, 53, 74C(1)
GRAHAM W. NEWTON wv. MERCURY POWER AUSTRALIA PTY. LIMITED formerly known as MERCURY MARINE PTY. LIMITED
OLB G85 of 1985
PINCUS J. BRISBANE LL June 1986
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G85 of 1985 GENERAL DIVISTON )
BETWEEN: GRAHAM W. NEWTON
Applicant
AND: MERCURY POWER AUSTRALIA PTY. LIMITED formerly known as MERCURY MARINE PTY. LIMITED
Respondent DATE OF HEARING: 29, 30 May 1986 DATE JUDGMENT DELIVEPFED: 11 June 1986 COUNSEL: for the applicank Mr. K. Varlev instructed by Seattini Riaby and Grav for the respondent Mr. R. Gotteson instructed bv
Henderson Lahev Trout Bernavs
J. A, LYONS ASSOCIATE TO PINCUS J.
Re)
11 June 1984
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G85 of 1985 GENERAL DIVISION \
BETWEEN: GRAHAM W. NEWIDON
Applicant
AND: MERCURY POWER AUSTRALIA PTY. LIMITED formerly known as MERCURY MARINE PTY. LIMITED
Respondent MINUTES OF ORDER
JUDGE MAKING ORDFR: PINCUS Jd. DATE OF ORDER: 11 June 1984 WHERE, MADE: BRISBANE THE COURT ORDERS THAT:
l. The Respondent pay the Applicant the sum of
$3,900.20, 2. The Respondent pay the Applicant's coasts of and
incidental to the proceedings, to be taxed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN_THE FEDERAL COURT OF AUSTRALTA ) QUEENSLAND DISTRICT REGISTRY y QD G85 of 1985 GENERAL DIVISION )
BETWEEN: GRAHAM W. NEWTON
Applicant
AND: MERCURY POWER AUSTRALIA PTY. LIMITED formerly known as MERCURY MARINE PTY. LIMITED
Respondent
PINCUS J. 11 JUNE 1986
EEBASONS FOR JUDGMENT
This 13 a small application for damages under the Trade
Practices Act relating to a Mercury marine enagine, called a
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