Federal Court of Australia
. "JUDGMENT No. 7/6 (2
eter
CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct - sale of motor
vehicle - representations by seller as to condition of vehicle -
whether misleading or deceptive - measure of damages.
Trade Practices Act 1974, ss.52, 53, 82
Gould v. Vaggelas (1984) 56 A.L.R. 31
Gates v. The City Mutual Life Assurance Society Ltd (1986) 160 C.L.R. 1
Remedios v. Kentucky Homes Pty. Ltd. (1987) A.T.P.R. 40-799
ARTHUR CHARLES McINTYRE v. E_MOTORS .-_LTD. No. VG 129 of 1985
CORAM: Fox J. " igh
18 DEC 1997 Bf 9 November 1987 . / } Melbourne NN va
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIAN DISTRICT REGISTRY No. VG 129 of 1985 GENERAL DIVISION BETWEEN: ARTHUR CHARLES McINIYRE Applicant AND: FUTURE MOTORS . LTD. Respondent
NUTE OF ORDER
JUDGE: FOX J.
DATE OF ORDERS: 9 November 1987 14 December 1987
THE COURT ORDERS THAT:
1. Judgment be entered for the applicant in the sum of $13,521.05, with costs.
2. By consent, proceedings be stayed for one month.
3. Liberty to apply.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. VG 129 of 1985
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GENERAL DIVISION
BETWEEN :
ARTHUR CHARLES McINTYRE Applicant
AND:
FUTURE MOTORS PTY. LTD.
Respondent
CORAM: FOX J. DATE: 9 NOVEMBER 1987 REASONS FOR JUDGMENT EX TEMPORE FOX J.
These proceedings are brought by the applicant principally in reliance upon s.52(1) and s.53(a) of the Trade Practices Act 1974 (the ""Act"). Reliance is also placed on breach of warranty, negligent misrepresentation and fraud. In the event it is not necessary to proceed beyond the claims under the Act. The relief sought is by way of damages under s.82 of
the Act.
The matter concerns an Aston Martin motor vehicle which
the respondent, a car dealer, sold to the applicant on or about 2 April 1983 for the sum of $16,900. It is claimed that the
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