Covcat Pty Ltd & Ors v. Clark Equipment Australia Ltd & Ors [1986] FCA 276

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CATCHNORDS

TPADE PRACTICES - Misleading conduct - Negligent misrepresentation ~- Representations as to suitability of machine ~ Nature of representations made - Truth of

representations - Computation of damages - Cross-claim under

(3)

ase agreement by company associated with representor - corporation ~- Recoverability of balance payable on lease agreement - Whether Court may order first respondent to indemnify applicants against liab2zlity to cross~claimant -

Whether any part of cross-claim includes penalty.

Trade Practices Act 1974 ss.52, 87

Gates v City Mutual Life Assurance Society Limited (19986) 62 1 ALR 600, Esso Petroleum Co Ltd vy Mardon [1976] 1 QB 801i, Sent ' vy Jet Cornoration of Australia Pty Limited (High Court, 26 ' June 1986), O'Dea v Allstates Leasing System (WA) Pty Ltd { (1983) 152 CLR 359 ;

[

NSW G.311 of 1984 COVCAT PTY LIMITED & ORS v CLARK EQUIPMENT AUSTRALIA LIMITED & '

ARS a VAS

Wilcox J Svdney 2 July 1986

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IN THE FEDERAL COUP? A

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AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

SBENERAL DIVISTON

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BETWEEN :

AND:

AND BETWEEN:

AND:

COYCAT PTY LIMITED

First Applicant

CARL ROSS COVINGTON

Second Applicant LORRAINE FAY COVINGTON

Third Applicant

CLARK EQUIPMENT AUSTRALTA LIMITED

First Respondent