Lombok Pty Ltd v. Supetina Pty Ltd & Anor [1987] FCA 79

* hg al

IN THE FEDERAL COURT OF AUSTRALIA ) ~

QUEENSLAND DISTRICT REGISTRY ) QLD G78 of 1986 ~ GENERAL DIVISTON )

ON APPEAL FROM THE HONOURABLE MR. JUSTICE

SPENDER BETWEEN: LOMBOK PTY. LIMITED Appellant AND: SUPETINA PTY. LIMITED and AVIONNE JOY VINCENT Respondents AND BY CROSS~APPEAL BETWEEN : SUPETINA PTY. LIMITED and AVIONNE JOY VINCENT Appellants AND: LOMBOK PTY. LIMITED Respondent MINUTES OF ORDER JUDGES MAKING ORDER: FISHER, LOCKHART & PINCUS JJ. DATE OF ORDER: 27 FEBRUARY 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l. The appeal be dismissed.

2. The appellant Lombok Pty. Limited pay the respondents' costs of and incidental to the appeal to be taxed.

3. The cross-appeal be dismissed. 4, The appellants Supetina Pty. Limited and Avionne

Joy Vincent pay the respondent's costs of and incidental to the appeal to be taxed.

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

CATCHWORDS

CONTRACT - whether repudiated by institution of proceedings - party rescinding while in breach of contract - both sides' rescissions

ineffectual - contract abandoned - recovery of deposit and "interest" paid.

COSTS - appeal - costs of issues on which successful party failed. VENDOR AND PURCHASER - Queensland - "instalment contract" - statutory

restriction on rescission - recovery of money paid under uncompleted contract.

Property Law Act 1974 (Qld.) ss. 71, 72 Trade Practices Act 1974 (Commonwealth) s.52 & 53A

Lombok Pty. Limited

v. Supetina Pty. Limited & Anor. QLD G78 of 1986

CORAM: FISHER, LOCKART & PINCUS JJ. BRISBANE 27 FEBRUARY 1987

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) No. G 78 of 1986 ) )

GENERAL DIVISION QN APPEAL FROM_A SINGLE JUDGE QF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

LOMBOK PTY. LIMITED

SUPETINA PTY. LIMITED and AVIONNE JOY VINCENT