Federal Court of Australia
tome
CATCHWORDS
TRADE PRACTICES - misleading and deceptive representation in advertisement as to area of
respective responsibilities of vendor and agent.
Trade Practices Act 1974 3.52 and s.53A
LAURENCE WILFRED JOHNSON and NINETTE CROY JOHNSON
v PETER EVANS PTY LID and PAUL VINCENT DEWSNAP
No. VG 271 of 1985
Woodward J 19 November 1986 Melbourne
conduct
land
sold
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 271 of 1985 ) )
GENERAL DIVISION
BETWEEN :
LAURENCE WILFRED JOHNSON and NINETTE CROY JOHNSON Applicants
and
PETER EVANS PTY LTD and
PAUL VINCENT DEWSNAP Respondents
MINUTES OF ORDER
COURT: Woodward J. DATE: 19 November 1986 PLACE: Melbourne
THE COURT ORDERS THAT:
There be judgment for the applicants against both
respondents in the sum of $9250 with costs.
The second respondent's cross-claim against the
applicants be dismissed.
3. As between the respondents the applicants' damages and costs are apportioned as to three quarters against the second respondent and as to one quarter against the
first respondent. Each is entitled to contribution from
the other accordingly.
(Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.)
IN THE, FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) No. VG 271 of 1985 )
GENERAL DIVISION )
BETWEEN : LAURENCE WILFRED JOHNSON and NINETTE CROY JOHNSON Applicants
and
PETER EVANS PTY LTD and
PAUL VINCENT DEWSNAP Respondents
COURT: Woodward J. DATE: 19 November 1986 PLACE: Melbourne
REASONS FOR JUDGMENT
In this matter the applicants seek relief for an allegedly false and misleading statement made by the respondents in relation to the sale of real property at Kallista in May 1985. They say that they agreed to purchase the property from the second-named respondent on the basis of a statement contained in a newspaper advertisement placed by the first-named respondent ('Evans'') and authorised by Mr Dewsnap. The advertisement stated
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