Federal Court of Australia
JUDGMENT No, IAS LEE yoo.
CATCHWORDS
Trade Practices ~ misleading or deceptive conduct - alleged representations that Respondent's English principal able to construct and supply a machine to conform to the specifications and performance of a machine produced by another manufacturer - whether representations as to existing fact or future intent - application for declaration voiding agreement for sale —- assessment of consequential damages.
Trade Practices Act, 1974 s. 52
BONNEY FORGE PTY. LIMITED (formerly called ARVO PTY. LIMITED)
v. PRESS & SHEAR MACHINERY PTY. LIMITED
No. G608 of 1986
CORAM: M. L. FOSTER, J. DATE: 21 APRIL, 1988.
PLACE: SYDNEY.
¢ aA
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. G608 of 1986
GENERAL DIVISION
CORAM: DATE:
PLACE:
et ee ee
BETWEEN: BONNEY FORGE PTY. LIMITED (formerly called ARVO PTY. LIMITED)
Applicant
AND: PRESS & SHEAR MACHINERY PTY. LIMITED
Respondent
M. L. FOSTER, J. 21 APRIL, 1988.
SYDNEY.
MINUTES OF ORDER
Declaration that the agreement between the applicant and the respondent of the 28th June, 1985 is void.
The respondent to pay to the applicant by way of return of deposit, damages and interest in the sum of
$23,027.00.
The respondent to pay the applicant's costs of the application.
Each party to pay its own costs of the cross-claim.
°
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G608 of 1986
Nt ee et
GENERAL DIVISION
BETWEEN: BONNEY FORGE PTY. LIMITED (formerly called ARVO PTY.
LIMITED)
Applicant
Efo]
PRESS & SHEAR MACHINERY PTY. LIMITED
Respondent
CORAM: M. L. FOSTER, J. DATE: THURSDAY, 21 APRIL, 1988.
PLACE: SYDNEY.
REASONS FOR JUDGMENT
HIS HONOUR: By its Application and Statement of Claim in these proceedings the Applicant, Bonney Forge Pty. Limited (formerly called ARVO PTY. LIMITED) ("Bonney Forge"), seeks declarations that a certain agreement entered into by it with the respondent, Press and Shear Machinery Pty. Limited ("Press and Shear"), on or about the 2nd of July, 1985 be declared void or
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