Spier, L.J. & Anor v. Tony Kempe Homes & Ors [1994] FCA 1049

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

GENERAL DI

JUDGE MAKT

DATE OF ORDER

WHERE MADE

JUDGMENT No. OD Te,

) ) No. ACT G 61 of 1994 ) ) )

VISION

BETWEEN: LUCINDA JEAN SPIER and HENDRIK ROELOF SPIER

Applicants AND: TONY KEMPE HOMES First Respondent TONY KEMPE

Second Respondent

29 DEC 1994 Third Respondent FEDERAL COURT OF EDGEMILL PTY LIMITED PRINCIPAL REGIGTAY

Fourth Respondent

MINUTE OF ORDER

NG ORDER

rr

Neaves J.

23 December 1994

Canberra

THE COURT ORDERS THAT:

1. The motion of the respondents, notice of which is dated 29 August 1994, be dismissed.

2. The proceeding in this Court be transferred to the Magistrates Court of the Australian Capital Territory.

3. The respondents pay the applicants' costs of and incidental to the motion.

Note: Settlement and entry of orders is dealt with in Order

36 of the

Federal Court Rules.

-

IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G 61 of 1994 DISTRICT REGISTRY ) ) GENERAL DIVISION ) BETWEEN: LUCINDA JEAN SPIER and HENDRIK ROELOF SPIER Applicants AND: TONY KEMPE HOMES First Respondent

TONY KEMPE

Second Respondent

ty ary oN

BRIAN HENRY Third Respondent EDGEMILL PTY LIMITED' ,

Fourth Respondent

CORAM: Neaves J.

DATE : 23 December 1994

REASONS FOR JUDGMENT This proceeding was instituted in this Court by application filed on 8 August 1994. The applicants are Lucinda Jean Spier and Hendrik Roelof Spier. The respondents are Tony Kempe Homes, Tony Kempe, Brian Henry and Edgemill Pty

Limited. The applicants seek -

"1. A Declaration that the Respondents have engaged in misleading and deceptive conduct in contravention of Section 52 of the Trade Practices Act 1974.

2. An order to recover loss and damage from the Respondents pursuant to Section 82 of the Trade Practices Act 1974. 3. Orders pursuant to Section 87(1) & (2) of the Trade Practices Act 1974 to declare void ab initio or otherwise to vary contracts.