Federal Court of Australia
- gupement no. Z/) 7h
CATCHWORDS
TRADE PRACTICES - Alleged misleading conduct - Sale of paintings - Representations made as to authorship - Accuracy of representations - Whether adequate disclaimer by
representator - Whether purchaser relied upon representations.
Trade Practices Act 1974 ss.52, 87.
NSW G.596 of 1986 WARREN DOUGLAS PLUMMER v THE SAINTS GALLERY PTY LIMITED
Wilcox J Sydney 18 December 1987
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSW G.596 of 1986
were vrw
GENERAL DIVISION
BETWEEN: WARREN DOUGLAS PLUMMER
Applicant
AND: THE SAINTS GALLERY PTY LIMITED
Respondent
AND: THE SAINTS GALLERY PTY LIMITED
Cross-Claimant
AND: WARREN DOUGLAS PLUMMER
First Cross-Respondent
STEPHEN B KEHOE
Second Cross-Claimant
CORAM: WILCOX J PLACE: SYDNEY DATE: 18 DECEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
The contract made between the applicant and the respondent on 1 August 1986 for the sale to the applicant of two paintings said to be the work of Ian
Fairweather be declared void.
Subject to the applicant, upon such day as may be mutually agreed between the applicant and the respondent -- or, failing agreement, upon the 28th day after the making of this order -- re-delivering to the respondent the said two paintings, the respondent pay to the applicant the sum of five thousand two hundred and fifty dollars ($5,250) together with interest on that sum at the rate of 15
per cent per annum calculated from 2 August 1986.
The contract made between the applicant and the respondent on 20 August 1986 for the sale to the applicant of two watercolour and pastel drawings said
to be the work of Lloyd Rees be declared void.
Subject to the applicant, upon such day as may be mutually agreed between the applicant and the respondent -- or, failing agreement, upon the 28th day after the making of this order -- re-delivering to the respondent the said two watercolour and pastel drawings, the respondent pay to the applicant the sum of five thousand dollars ($5,000) together with interest on that sum at the rate of 15 per cent per
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