McLeod, C. G. v Gibrose Pty Ltd & Anor [1988] FCA 188

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JUDSMIET No. IS / BR

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G56 of 1986 IVISIO )

BETWEEN: COLIN GORDON McLEOD

Applicant AND: GIBROSE PTY LTD

First Respondent

AND: P.L. PICKLES & CO PTY LTD

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 7 APRIL 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the respondents pay to the applicant the sum $4,000;

2. the respondents pay to the applicant his costs and incidental to the proceedings, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

of

of

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY )

GENERAL DIVISION )

COLIN GORDON McLEOD

GIBROSE PTY LTD

PINCUS J.

QLD G56 of 1986

Applicant

First Respondent

P.L. PICKLES & CO PTY LTD

Second Respondent

7 APRIL 1988

EX TEMPORE REASONS FOR JUDGMENT

This is a matter in which the McLeod, seeks damages for infringement of Trade Practices Act 1974. The applicant is vehicle at auction, the vehicle being an

1920s.

The first respondent was the ve respondent the auctioneer. The first respo at a directions hearing which took place in subsequently taken part in the proceedings behalf of the applicants, seeks judgmen

respondent in default of its having done so.

applicant, Mr Colin ss.52 and 53 of the

a purchaser of a motor

old Sunbeam from the

ndor and the second ndent was represented July 1986, but has not

and Mr Sheaffe, on

t against the first

The second respondent has taken part in the proceedings and has been ably represented here by Mr Watson. The case, in essence, is simple enough, but it involves questions on which different minds might reach varying conclusions. I have reached firm conclusions on those matters and I think that it is right

that I should express them now.

The history of the matter is that the car in question was displayed at premises called the Suncoast Pioneer Village Museum for some considerable time, and in the display was represented to be "originally from Government House," or "Late Government House, Brisbane". It was put up for sale and the second respondent, a reputable company, caused to be prepared