Federal Court of Australia
JUDGMENT No, 2097 ee
CATCHWORDS
Trade Practices Act, s.52 - whether the passing onto a purchaser by a corporation of a statement made by another is misleading - meaning of implied disclaimer in relation to such a statement - effect of purchaser's own expertise.
Trade Practices Act 1974, 8.52
THE SAINTS GALLERY PTY LIMITED v. WARREN DOUGLAS PLUMMER NSW G.100 of 1988
Morling, Pincus and Burchett JJ. Sydney 24 June 1988
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. NSW G.100 of 1988
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF RUSTRALIA
BETWEEN:
THE SAINTS GALLERY PTY LIMITED
Appellant AND:
WARREN DOUGLAS PLUMMER
Respondent
MINUTE OF ORDER OF THE COURT
Judges Making Order: Morling, Pincus and Burchett JJ Where Made: Sydney
Date of Order: 24 June 1988
THE COURT ORDERS THAT:
(1) (2)
(3)
The appeal be allowed.
The orders made at first instance be set aside, and in lieu thereof, it be ordered that the respondent's application be dismissed with costs.
The respondent pay the appellant's costs of and incidental to the appeal, to be taxed.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.100 of 1988 )
GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN:
THE SAINTS GALLERY PTY LIMITED
Appellant AND:
WARREN DOUGLAS PLUMMER
Respondent
REASONS FOR JUDGMENT
CORAM: MORLING, PINCUS & BURCHETT JJ.
DATE: 24 June 1988
This is an appeal from a judgment of this Court voiding and ordering rescission of two contracts for the sale of paintings for a total price of $13,250. The applicant below, who is the respondent to the appeal, succeeded on the basis that the identities of the artists were wrongly given, by statements held to be misleading or deceptive within the meaning of s.52(1) of the Trade Practices Act 1974. The appeal raises a difficult question, but one which is in essence factual, rather than one
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