Tsingolis, A. v Tottenham Investments Pty Ltd [1986] FCA 588

Mae. Vie AER Ses

CATCHWORODS

TRADE PRACTICES - misleading statements - measure of damages.

Trade Practices Act, s.52

Anthony Tsingolis v. Tottenham Investments Pty. Limited

NSW G261 of 1986

PINCUS J. SYDNEY 12 DECEMBER 1986

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G261 of 1986 GENERAL DIVISION )

BETWEEN: ANTHONY TSINGOLIS Applicant

AND: TOTTENHAM INVESTMENTS PTY. LIMITED trading as HORSELESS CARRIAGES

First Respondent AND: JAMES LEONARD KEEVILL

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 12 DECEMBER 1986 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The first and second respondents pay the applicant the sum of $15,000.

2. The first and second respondents pay the applicant's costs of and incidental to the proceedings, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALTA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G261 of 1986 GENERAL DIVISION

BETWEEN: ANTHONY TSINGOLIS

Applicant

AND: TOTTENHAM INVESTMENTS PTY. LIMITED trading as HORSELESS CARRIAGES

First Respondent AND: JAMES LEONARD KEEVILL

Second Respondent

PINCUS J. 12 DECEMBER 1986

REASONS FOR JUDGMENT

This is an application under s.52 of the Trade Practices Act relating to a second-hand motor car. The applicant's case 15 that he bought what was represented to be a Maserati Merak mctor vehicle in June 1985. His principal complaint is that the vehicle was not then fitted with the standard engine, but with a Leyland P76 engine. There was originally one respondent only, the vendor, but a director was joined as second respondent during the hearing. The references below to "the respondent" are to the first

respondent.

The respondent admits that the vehicle was sold with a Leyland engine in it, and it is also common ground that to fit