Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Auction of leasehold interest in land for medium density housing - Documents made available to prospective bidders including drawing showing fill resulting from engineering works carried out prior to land being offered for lease - Additional fill discovered on land after purchase - Whether false
or misleading statement made concerning the characteristics of the land - Measure of damages.
Trade Practices Act 1974 (Cth), ss.2A, 53A, 82
PHILLIP & ANTON HOMES PTY. JFIMITED v. THE COMMONWEALTH OF AUSTRALIA
No. ACT G 57 OF 1983
Neaves J
16 Pebruary 1987
Canberra
IN THE FENERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 57 of 1983 DISTRICT REGISTRY
we eS
GENFRAL DIVISION
BETWEEN : ETPLIe & ANTON HOMES Applicant AND: THE COMMONWEALTH OF AGSTPALIA Respondent MINUTE _OF QRDER JUDGE _ MAKING URDER > Neaves 7. DATE_OF_ ORDER : 16 February 1987 WHERE MALE > Canberra THE COURT ORDERS THAT: i. The application be dismissed. 2. The applicant pay the respondent's costs of tne appi1cahtron excluding the costs of the
cros3-claim fFrled on behalf cf the respondent and
of the application by the applicant to strike out the same. .
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 57 of 1983 DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN : PHILLIP & ANTON HOMES PLY. LIMITED Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent
REASONS FOR JUDGMENT
Phillip & Anton Homes Pty. Limited ("the applicant")
sues the Commonwealtn of Australia ("the respondent") under
s.82 of the Trade Practices Act 1974 (Cth) ("the Act") for loss
or damage alleqed to have been suffered by conduct done in
contravention of sub-s.53A(1), a provision contained in Part V
of the Act. That sub-section, so far as material, provides:
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