Federal Court of Australia
JUDGMENT No. S84), BZ
CATCHWORDS
TRADE PRACTICES - Auction of leasehold interest in land for medium density housing - Documents made available to prospective bidders including drawing showing fill resulting from engineering works carried out prior to land being offered for lease - Additional fill discovered on land after purchase - Whether false or misleading statement made concerning the characteristics of
the Land.
Trade Practices Act 1974 (Cth), ss. S3A, 82
Parkdale Custom Built Furniture Pty Limited v. Puxu Ptv Limited
(1982) 149 C.L.R. 191
Norman v. Bennett (1974) 3 Al1L E.R. 351
Abundant Earth Ptv Limited v. R_& C Products Pty Limited (1985) 59 A.L.R. 211
Yorke v. Lucas (1985) 158 C.L.R. 661
Peek v. Gurney (1873) L.R. 6 H.L. 377
PHILLIP & ANTON HOMES PTY. LIMITED v. THE COMMONWEALTH OF
AUSTRALTA
No. ACT G 15 of 1987
CORAM: Fox, Marling & Pincus 7c. 4 December 1987
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G15 of 1987
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DISTRICT REGISTRY ) )
GENERAL DIVISTON )
ON_APPEAL from a single judge of the Federal Court of Australia
BETWEEN : PHILLIP & ANTON HOMES PTY. LIMITED
Appellant AND:
THE COMMONWEALTH OF AUSTRALTA
Respondent MINUTE OF ORDER
JUDGES MAKING ORDER: FOX, MORLING AND PINCUS JJ. DATE OF ORDER: 4 DECEMBER 1987 WHERE MADE: SYDNEY, THE COURT ORDERS THAT:
1. The appeal be allowed. with costs.
ae The orders made bv Neaves J. on 16 February 1987 be set
aside. In lieu thereof it be ordered that judament be entered for the appellant in the sum of $15,705, with costs.
NOTE: Settlement and entry or orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G15 of 1987
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