Federal Court of Australia
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CATCHWORODS
TRADE PRACTICES - false or misleading statements concerning purchase of water slide - whether slide covered by manufacturer's warranty - whether 1t was built to specifications - whether applicant induced by representations.
Trade Practices Act 1974 - ss.52, 53(q) and 84(2).
N.T. AQUATICS PTY. LTD. Applicant - and - CIANTUP PTY. LTD. First Respondent
STATE BANK OF SOUTH AUSTRALIA Second Respondent
BILL HOLMAN Third Respondent
ADELAIDE FISHER J.
5 NOVEMBER 15986
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No.S.A. of G25 1986
GENERAL DIVISION BETWEEN: .
N.T. AQUATICS PTY. LTD. Applicant
- and -
CIANIUP PTY. LTD
First Respondent STATE BANK OF SOUTH AUSTRALIA
Second Respondent BILL HOLMAN
Third Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : FISHER J. WHERE MADE ADELAIDE
DATE OF ORDER 5 NOVEMBER 1986
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the first respondent its costs, the
same to be taxed if not agreed.
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 AUSTRALTA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No.S.A. G25 of 1986 ) )
GENERAL DIVISION
BETWEEN:
N.T. AQUATICS PTY. LTD. Applicant
- and -
CIANTUP PTY. LTD.
First Respondent
STATE BANK OF SOUTH AUSTRALTA
Second Respondent
BILL HOLMAN
Third Respondent
CORAM: FISHER J.
5 NOVEMBER 1986
REASONS FOR JUDGMENT
These proceedings arise out of negotiations leading up
to the sale by Cianiup Pty. Ltd. ("the vendor company") of
certain plant and equipment comprising two water slides to N.T.
Aquatics Ptv. Ltd. ("the applicant"). The only reason for the
presence of the State Bank of South Australia ("the Bank") as a respondent was a desire on the part of the applicant to ensure that the Bank refrained from making a further payment to the vendor company under a guarantee it gave of payments by the
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