MacCormick, J.C. & Anor v. Nowland, H.A. & Ors [1987] FCA 594

JUDGMENT No. 5 74/81 —_—

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G92 of 1987 GENERAL DIVISION )

BETWEEN: JAMES CLAYTON MacCORMICK and MARUSIA MacCORMICK

Applicants

AND: HENRY ALFRED NOWLAND and MAVIS JEAN NOWLAND First Respondents AND: CORNISH SIMES & WILLIAMS PTY. LTD.

Second Respondent

MINUTES OF ORDER

JUDGE _ MAKING ORDER: PINCUS J. DATE OF ORDER: 16 OCTOBER 1987 WHERE MADE: BRISBANE THE COURT - FINDS that the value of the house was at the date of sale $195,000. ORDERS THAT 1. Costs of today's proceedings be the applicants' costs in

2.

the proceedings;

The matter be adjourned to a date for mention.

Settlement and entry of orders is dealt with i Order 36 of the Federal Court Rules. Portia

, IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G92 of 1987 GENERAL DIVISTON )

BETWEEN: JAMES CLAYTON MacCORMICK and MARUSIA MacCORMICK

Applicants

AND: HENRY ALFRED NOWLAND and MAVIS JEAN NOWLAND

First Respondents

AND: CORNISH SIMES & WILLIAMS PTY. LTD.

Second Respondent

PINCUS J. 16 OCTOBER 1987

EX TEMPORE REASONS FOR JUDGMENT

This is a case about a house which was bought on the basis of what are said to be misleading statements. It is in fact

common ground that the house was advertised as a brick home, or a solid brick home, and that it 1s not. However, it has to be kept in mind that there is no admission of liability. The course which has been taken, in the hope of reducing the delay and the expense in resolving the dispute, has been to determine the question of value first, in the hope that the parties would be able to reach agreement on the outcome of the case; alternatively, the matter of

liability will have to be determined later.

On 21 August 1987, I directed that valuation reports be exchanged, and then on 8 October, I set down the issue of value for hearing today. The two valuers, who are both reputable men in their profession, have appeared before me today and I found their