Federal Court of Australia
Judgement No, Pen =,
CATCHWORDS
TRADE PRACTICES -
consumer pratecticn - misleading and decentive conduct
purchase of tree felling and bunching machine -
misleading and deceptive representations as ta suitability and tree felling capacity of machine - finding that revresentations made - finding that representations induced ourchase - reviaw of teial Judage's findings on appeal - whether findinags iustifed on
the evidence.
MLAS EOULEMEME ATISTPALIA LIMITED v COVCAT PTY BIMLITED & OPS COYCAT PTY LUMITFD & ORS wv CLARK EQUZEMENT ANSTPALTA LIMIVED &
No. G311l of 1926
+
DOPAM: Fax, Sheppard and Jackson JT. il Maccn 19837
Svdneyv
-"
IN THE FEDERAL COURT OF ANSTRALTA
NEW_SOUTH WALES DISTRICT REGISTRY No.G31ll cf 1986
—~ ewe eH
GENERAL DIVISION
ON APPEAL from a single judae
of the Federal Court of Australia
BETWEEN :
CLARK EQUTPMENT AUSTRALTA LIMITED
COVCAT PTY, ZIMITED and OPS.
Respondents
' AND BETWEEN:
COVCAT PTY. LIMITED ard OPS,
Cross~Appellants
CLARK EQUIPMENT ANSTPALIA LIMITED and ANOP,
Mross-Pe
onients
th 'd
MINUTE OF OFDEP
TUDGES MAKING ORDER: Fox, Sheppard and Jackson TJ. DATE OF OPDEP: ll March 1987 WHERE MADE: Sydney.
THE CONPT O°DEPS THAT;
1 The apoeal be dismisseé with costs. 2. The cross-appeal te diswissed, with na order as masts,
Nova: Settlement and entry of orders is dealt with in Neder 44 cf the Fedecal Courr
IN _THE FEDERAL COURT OF AUSTPALTA
NEW SOWTH WALES DISTRICT REGISTRY
vee vers) a WwW _ a 2) m ~ 'D oo nN
GENERAL DIVISION
ON APPEAL from a single judge
of the Federal Court of Australia
BETAEEN :
CLARK EQUIPMENT AUSTPALTA LIMITED
ip wv wa] D a a mw a ies
COVCAT PTY. LIMITED and OPS.
Respondents
K EQUIPMENT ANSTRALIA MITED and ANOR.,
Crass-Fespande nts
TOPAM: FOX, SHEPPAPD and JACKSON JT
: B te] kD pica tas]
FO? JURGMENT
Foxy oT I aqy2e that -he appeal in thie matter chould temissed ine tase 15 one which turns entirely upen facts nave Deen of mors doaubr than my colleagues wnerher
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