Federal Court of Australia
—? JUDGMENT No. TI ~4 Fret DisTRg uN ow »
TRADE PRACTICES
Trade Practices Act 1974, ss.52,
CATCHWORDS
sale of goods - paper leaflets - suitability for intended use - whether representation as to suitability made
allegation not established
conflicting evidence -
53(a)
Sale of Goods Act 1895 (W.A.), s.14(1)
PETERS (W.A.) LIMITED
No. W.A. G57 of 1987
Morling J. 17 November,
Perth
JAMES HARDIE PAPER LIMITED
yA RECEIVED "BDICHS IG TA FEDER GRU or f
ee
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A oe
eal: daetonand es oe ate
ae
sr a ee ey percep
ft
pe ee ee er yer
TT eT
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G57 of 1987 ) )
GENERAL DIVISION
BETWEEN: PETERS (W.A.) LIMITED Applicant AND: JAMES HARDIE PAPER LIMITED = Respondent
MINUTE OF ORDER
Morling J.
JUDGE MAKING ORDER
DATE OF ORDER 17 November 1987
Perth
WHERE MADE
'
THE COURT ORDERS AS FOLLOWS:
1. Application dismissed. 2. Applicant to pay respondent's costs. NOTE: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court
Rules.
woes
OF ewer em ate st A ~ 'a ek
=
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G57 of 1987 ) )
GENERAL DIVISION
BETWEEN: PETERS (W.A.) LIMITED Applicant AND: JAMES HARDIE PAPER LIMITED Respondent MORLING J. 17 November 1987
ORAL REASONS FOR JUDGMENT
The applicant brings these proceedings to recover damages for alleged breaches by the respondent of ss.52 and
53(a) of the Trade Practices Act 1974, and of s.14(1) of the
Sale of Goods Act 1895 (W.A.).
The applicant is engaged in the business of selling, inter alia, dairy products. One of the products it sells is cheese. In October 1986 it purchased from the respondent a large number of paper sheets or "inserts" upon which was printed some promotional material. It will be convenient to refer hereafter to these articles as "leaflets". They were described as "glassine sheets printed" on the purchase order for the goods. The leaflets were purchased so that they could be placed inside plastic packs in which pieces of cheese were
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