Federal Court of Australia
Qe gn *
IN THE FEDERAL COURT
OF AUSTRALIA
) ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION
BETWEEN:
No. WAG 42 of 1986 B.P. & F.«M. NOMINEES AS
TRUSTEE FOR THE GLORIE FAMILY TRUST TRADING AS "TERRACE
STATIONERY SUPPLIES' Applicant
and
PETELOR BUSINESS SYSTEMS PTY LIMITED
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER:
WHERE MADE: Perth
THE COURT ORDERS THAT:
ll February 1987
The motion is dismissed.
The Respondent pay the Applicant's costs of the
motion in any event.
Note: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court Rules.
BKB
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
were yew
NO. WAG 42 of 1986 BETWEEN: B.P. & F.M. NOMINEES AS TRUSTEE
FOR THE GLORIE FAMILY TRUST TRADING AS "TERRACE STATIONERY
SUPPLIES" Applicant
and
PETELOR BUSINESS SYSTEMS PTY LIMITED
Respondent
CORAM: FRENCH J.
ll February 1987
EX _TEMPORE REASONS FOR JUDGMENT
In this matter the applicant on 8 May 1986 filed an application in this court seeking, among other things, damages for
a contravention of s.52 of the Trade Practices Act 1974 against
the respondent.
The applicant 1s the proprietor of a registered business named "Terrace Stationery Supplies" and the respondent is said to be a trading corporation which carries on the business of
retalling, installing and operational commissioning of Toshiba
brand computer systems.
The action arises out of certain representations said to
have been made on behalf of the respondent in relation to the
2.
performance characteristics of certain computer systems and associated software. Acting, 1t was said, on the faith of the representations the applicant entered into an agreement to purchase a computer system and software from the respondent. The applicant contends that the representations made to it as to the performance characteristics of the products which it purchased were false in that the system and software 1t purchased were incapable of performing any of the functions which had been
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