Turner, J.C. v Hudy Pty Ltd [1988] FCA 333

CATCHWORDS

TRADE PRACTICES - Contract for the erection of a dwelling house - Alleged representation by builder that it was feasible to erect a house of a particular design upon the land -

Quantification of damages.

CONTRACT LAW - Contract to erect house in accordance with a

particular design - Quantification of damages for breach.

SECRET COMMISSION - Commission received by agent of applicant

from first respondent - Recoverability.

Trade Practices Act 1974 s6.52, 82.

NSW G.217 of 1987

JILL CHRISTINE TURNER v HUDU PTY LIMITED trading as HENDRIKS & &

Wilcox J Sydney 8 July 19868

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

CORAM

PLACE: DATE:

No. NSW G.217 of 1987

BETWEEN: JILL CHRISTINE TURNER

Applicant

AND: HUDU PTY LIMITED trading as HENDRIKS & ROBERTS

First Respondent

HOME BUILDERS CORPORATION OF NSW PTY LIMITED

Second Respondent

AND BETWEEN: HUDU PTY LIMITED trading as H KS & ROBER

WILCOX J SYDNEY 8 JULY 1988

Cross-Claimant

AND: JILL CHRISTINE TURNER

Cross-Respondent

MINUTES OF ORDER

THE COURT ORDERS THAT:

2.

Judgment be entered in favour of Jill Christine Turner against Hudu Pty Limited in the principal proceeding in the sum of twenty-eight thousand nine hundred and twenty-two dollars and seventy-seven

cents ($28,922.77).

Judgment be entered in favour of Hudu Pty Limited against Jill Christine Turner in the cross-claim in the sum of twenty-one thousand one hundred and

twenty-three dollars and three cents ($21,123.03).

The amount of the judgment entered under order 2 be set off against the amount of the judgment entered under order 1, leaving a net balance of seven thousand seven hundred and ninety-nine dollars and seventy-four cents ($7,799.74) payable to Jill Christine Turner by Hudu Pty Limited.

Judgment be entered in favour of Jill Christine Turner against Home Builders Corporation Pty Limited in the sum of one thousand seven hundred and