Schepis, N. & Ors v. Elders IXL Ltd [1986] FCA 634

"Ul nuthet Reda ; . Ko, ' ;

CATCHWORDS

TRADE PRACTICES - reliance on respondent's expertise - reasonable time only allowed.

FEDERAL COURT - interest - applying State law - Western Australia -

statute applicable to courts generally - whether jurisdiction to award.

Trade Practices Act 1974, ss.52, 71(2) Supreme Court Act (W.A.) 1935-1979 ss.32, 34

Ned Schepis & Ors. v. Elders IXL Limited WA G68 of 1986

PINCUS J. BRISBANE 24 DECEMBER 1986

\ FEDETAL + G AUSTRA:

Pay 3 Aur 1

a

. IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) W.A. GOB of 1986 GENERAL DIVISTON )

BETWEEN: NED SCHEPIS, CARMELO SCHEPIS, VENY SCHEPIS and JOHN SCHEPIS

Applicants AND: ELDERS IXL LIMITED Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 DECEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

i. The respondent pay the applicants the sum of

$51,000. 2. Costs be reserved. 3. The time for the filing of a notice of appeal he

extended until 28 January 1987.

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

(s IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) W.A. G68 of 1986 GENERAL DIVISION ) BETWEEN: NED SCHEPIS, CARMELO SCHEPIS, VENY SCHEPIS and JOHN SCHEPIS Applicants AND: ELDERS IXL LIMITED Respondent PINCUS J. 24 DECEMBER 1986

REASONS FOR JUDGMENT

This 18 a case about the cause of the relative failures

of two crops of tomatoes grown by the applicants on their property

near Perth in the 1984/85 and 1985/86 seasons. The applicants' case 1s that the principal cause of the relative failures was that they relied on an irrigation system supplied by the respondent for watering and fertilisation of the tomatoes, but that system worked very poorly. I call the failures "relative" because, although tomatoes were produced 1n each season, they were not as_ good,