Federal Court of Australia
No& Yor Generel Deskatouh on
PRACTICE AND PROCEDURE - alleged misrepresentation, fraud and breach of contract - contract to purchase brick-making machine -
respondent's application to transfer proceedings from Perth to
Sydney - witnesses in both States - machine in Sydney - contract formed in Sydney broken in Western Australia - balance of convenience equal - need to demonstrate a manifest balance of
inconvenience to justify transfer.
Trade Practices Act 1974 s.52 s.53C
Sale of Goods Act 1983 s.14(1)
Hodder v Australian Workers Union (1984) 4 FCR 541
GERALD CAREW MOSS v BERGOOD PTY LTD NO. WAG 106 of 1986
FRENCH J. 19 FEBRUARY 1987 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
wee we ww
NO. WAG 106 of 1986 BETWEEN: GERALD CAREW MOSS Applicant
and BFRGOOD PTY LTD
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDFR: FRENCH J. DATE OF ORDER: 19 February 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
l. The motion is dismissed.
2. Respondent to pay Applicant's costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COUPT OF AUSTRALIA WESTEPK AUSTPALTA
DISTRICT REGISTRY GENEPAL DIVISTON
eee
NO. WAG 104 c£ 1986 BCTWERHEPF Ns GEPALD CAREY NOSS Applicant and PEPGOOD PTY LTD Pespondent CORAM: FRENCH J. 19 FEPRUARY 1987
EX TEMPOPT. REASONS FOP JUDGMENT
This application was instituted on 30 October 1986 in the Western Australian District Pegistry. By it, the applicant claims damages against the respondent for contraventions of ss. 52
and 53C of the Trade Practices Act 1974.
The contraventions are said to arise from representations made by the respondent to the applicant in
connection with the sale to the applicant of a TDN-6 diesel
traller-mounted brick-maker.
The applicant also alleges fraud and breach of contract on the part of the respondent and claims damages which, [ am
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