Federal Court of Australia
; - Bea
CATCHWORDS
TRADE PRACTICES - misleading statements - whether "puffing" - affirmation not precluding relief - matters relevant to discretion in ordering return of deposit - clause precluding relief ineffective.
VENDOR AND PURCHASER - sale of home units - described as (in effect) architect-designed ~- effect of misdescription under common law and in equity - implied term that builder not legally prohibited from doing work - whether condition.
CONTRACT - procured by misrepresentation - clause precluding relief - whether effective.
Bu1lders' Reqistration and Home-owners' Protection Act 1979 (Q.), ss,53(2), 55(1)
Building Units and Group Titles Act 1980 (Q.), s.9(8)(b)
Common Law Practice Act 1867 (Q.)
Trade Practices Act, 1974, ss.52, 87
Pamela Carlotta Byers & Ors. v. Dorotea Pty. Ltd. Qld G151 of 1984
PINCUS J. BRISBANE 16 DECEMBER 1986
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G151 of 1984 GENERAL DIVISION )
BETWEEN: PAMELA CARLOTTA BYERS AND HUGH KIRKPATRICK BYERS
First Applicants AND: CHERYL ANN BYERS
Second Applicant AND: BYERS HOLDINGS PTY. LTD.
Third Applicant AND: DOROTEA PTY. LTD.
Respondent
AND: DOROTEA PTY. LTD.
Cross-Claimant
AND: PAMELA CARLOTTA BYERS AND HUGH KIRKPATRICK BYERS
First Cross-Respondent
AND: CHERYL ANN BYERS
Second Cross-Respondent AND: BYERS HOLDINGS PTY. LTD.
Third Cross—Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 16 DECEMBER 1986 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1.
The respondent pay to the first applicants the sum of seventeen thousand eight hundred dollars ($17,800).
The respondent pay to the second applicant the sum of nine thousand three hundred dollars ($9,300).
The respondent pay to the third applicant the sum of fourteen thousand six hundred dollars ($14,600).
The cross-claim be dismissed.
The respondent pay the applicants' costs of and incidental to the proceedings to be taxed.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate