Federal Court of Australia
*-335
CATCHWORDS
TRADE PRACTICES - Jurisdiction of Federal Court - Contract for interstate removal of household goods - Warranty implied by s.74 of Trade Practices Act - Whether action for breach of warranty implied under Part V of Act 18 a "proceeding under"
Part V - Costs.
Trade Practices Act 1974 ss.74, 82, 86.
.
OLD G.10 of 1987 ELI HELENE HJERTUM v_ BRIAN ALFRED AHERN & ANOR,
Wilcox J Brisbane 30 June 1987
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. OLD G.10 of 1987
weve ews
GENERAL DIVISION
BETWEEN: ELI HELENE HJERTUM
Applicant
AND: BRIAN ALFRED AHERN and SANDRA ANN AHERN
Respondents
CORAM: WILCOX J PLACE: BRISBANE DATE: 30 JUNE 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
l. Action No.G.10 of 1987 be dismissed.
2. The applicant in those proceedings pay to the respondents in those proceedings their costs in relation to the Notice of Motion filed on 19 June 1987 together with their costs in relation to the principal proceedings incurred since 22 May 1987 and the reasonable costs incurred by the respondents in
taking the advice as to jurisdiction summarized in
their solicitor's letter of 22 May 1987.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
AND:
CORAM: WILCOX J PLACE: BRISBANE DATE: 30 JUNE 1987
No. OLD G.10 of 1987
ew SS
ELI HELENE HJERTUM
Applicant
BRIAN ALFRED AHERN and SANDRA ANN AHERN
Respondents
FXTEMPORE REASONS FOR JUDGMENT
This Notice of Motion raises, apparently for the
first time, the question of the jurisdiction of the Court to
determine an action for damaqes wherein reliance is placed
upon s.74 of the Trade Practices Act 1974.
The Notice of Motion which is filed on behalf of the
respondents in the principal proceedings, Brian Alfred Ahern
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate