Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No.G 78 of 1986 } GENERAL DIVISION )
BETWEEN :
ALANDREAMY PTY. LIMITED Applicant
AND:
THE STEWART CAR COMPANY (BANKSTA) PTY. LIMITED
First Respondent AND:
THE STEWART CAR COMPANY PTY. LIMITED
Second Respondent
CORAM: FOX J.
DATE: 14 APRIL 1987
RET FOR JUDGMENT
FOX J.
The applicant sues in reliance upon s.53(b) of the Trade Practices Act 1974. Tts case is that on 21 October 1985 it purchased a Mercedes Benz 190E motor car from
fs respondent, which is one of a group of companies ,("
engaged in the sale of cars. 1 Com eae
At the time the car was delivered it appeaneditto
everyone who had a look at it to be in new condition in all
respects without any blemishes so far as its finish was
*
concerned. A few days later, however, Mr Mak, who took delivery of the vehicle on behalf of the applicant and who has thereafter used it, noticed after cleaning it that there was a small section
on it which was slightly discoloured.
He took the car back to Stewarts and pointed this out, and I think ome or two other very slight blemishes were observed at that time. The person inspecting 1f thought that it was a mark probably due to bird droppings and suggested that the matter be brought to attention when the car was brought in for servicinga. This happened in November 1985, but after the
service, further discolouration on the bonnet was noticed.
A close examination by experts then made it apparent that, on top of the baked enamel, which was the normal surface of the car, there had in the vicinity of the bonnet and the front mudguards been sprayed an acrylic paint. This was paint which. 1f not precisely the same as the enamel on the rest of the vehicle, accommodated itself to that colour in such a wav that nobody had theretofore noticed the difference. There was later discovered a deqree of lack of shine on the front of the bonnet, which was attributable to the fact that it was finished in paint and not enamel, but on this occasion there was nothina to be done except note the fact that there had been used this acrvlic paint,
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