Vancleve Pty Ltd v Dorotea Pty Ltd [1986] FCA 542

NOL cOn DLSYRLBUILON

S4a IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

QLD. G97 of 1984

BETWEEN :

VANCLEVE PTY. LTD. (as Trustee for the VANCLEVE UNIT TRUST)

Applicant AND: DOROTEA PTY.LTD. Respondent AND: DOROTEA PTY. LTD. Cross Claimant AND: VANCLEVE PTY. LTD. (as Trustee for the VANCLEVE UNIT TRUST) : Cross Respondent \ r, SPENDER J. RE 2 4NOV 1936 BRISBANE FEDERAL COURT ge < 7 AUSTRALIA Ad 19 NOVEMBER, 1986. Pa pe ticiPaL om . '

EXTEMPORE REASONS FOR JUDGMENT

This is an application to amend the defence and cross-claim in proceedings involving representations under the

Trade Practices Act 1974. It is necessary to set out some of the

history of the matter.

The applicant commenced proceedings in the Supreme Court

of Queensland by writ number 5160 of 1982 issued on 15 October 1982; on 12 September 1984 the applicant filed the application which commenced these proceedings, and on that day a statement of

claim was filed.

It appears from that statement of claim in the Federal

Court proceedings that the applicant alleged that, prior to the signing of contracts for the purchase of home units, there were representations made by the respondent to the applicant, which

representations constituted false and misleading conduct and

which induced the applicant to purchase the home units.

The statement of claim further pleads that in the premises it was entitled to rescind the contracts, which it claimed lawfully to have done by notices of rescission of 7 September 1982. The application sought a declaration that the three contracts "were rescinded or made void by the applicant on or about 7 September 1982", and sought repayment of deposit moneys or, alternatively, damages pursuant to the Trade Practices Act 1974, or further or other relief pursuant to s.87 of the

Trade Practices Act 1974.