Remedios, J.N. v Kentucky Homes Pty Ltd [1986] FCA 304

CATCHWORODS

TRADE PRACTICES - misleading statements - sale of kit home - system misdescribed ~ house not weatherproof - measure of damages - whether cost of rectification recoverable.

Trade Practices Act, 1974 s.52

Jennifer Nancy Remedios v. Kentucky Homes Pty. Limited

NSW G361 of 1986

PINCUS J. BRISBANE 11 JULY 1986

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IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY N.S.W. G36l of 1985

GENERAL DIVISION

BETWEEN: SENNIFER NANCY REMEDTOS Applicant AND: KENTUCKY HOMES PTY LIMITED

Respondent

AND: KENTUCKY HOMES PTY LIMITED

Cross Claimant

AND: JENNIFER NANCY REMEDIOS

First Cross Respondent

AND: SPUNTEN PTY LIMITED

Second Cross

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 11 JULY 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The respondent pay to the applicant the sum of $25,000.

2. The applicant pay to the respondent the sum of $2,892.50.

3. The costs of and incidental to the proceedings be taxed and paid by the respondent to the applicant.

NOTE: 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 ) NEW SOUTH WALES DISTRICT REGISTRY N.S.W. G361 of 1985

GENERAL DIVISION

BETWEEN: JENNIFER NANCY REMEDIOS Applicant AND: KENTUCKY HOMES PTY LIMITED

Respondent

AND: KENTUCKY HOMES PrY LIMITED

Cross Claimant

AND: JENNIFER NANCY REMEDIOS

First Cross Respondent

AND: SPUNTEN PTY LIMITED

Second Cross Respondent

PINCUS J. 11 JULY 1986

REASONS FOR JUDGMENT

This is a building case. The applicant wished to build a home for herself and her children, and decided, in the hope of saving money, to buy a "kit home" from the respondent. She contracted with a builder to have it erected, and there seems little doubt that the home is rather unsatisfactory in that wind