Quadrascan Graphics Pty Ltd & Anor v Crosfield Electronics ANZ Pty Ltd & Anor [1995] FCA 319

CATCHWORDS TRADE PRACTICES - misleading or deceptive conduct - sale of sophisticated electronic equipment - whether first respondent's statements concerning the capabilities of the equipment constituted misleading or deceptive conduct - applicants' claims dismissed - equipment leased from second respondent financier - second respondent cross-claiming against applicants - possession of equipment surrendered to second respondent - whether liquidated damages clause in lease enforceable - whether penalty provision - recourse agreement between first respondent and second respondent - whether amount obtained pursuant to recourse agreement to be deducted from second respondent's cross-claim against applicants. Trade Practices Act Dunlop Pneumatic Tyre Co Ltd v. New Garage and Motor Co Ltd [1915] AC 79 O'Dea v. Allstates Leasing System (W.A.) Pty Ltd (1982) 152 CLR 359 AMEV-UDC Finance Ltd v. Austin (1986) 162 CLR 170 Esanda Finance Corporation Ltd v. Plessnig (1989) 166 CLR 131 Philips (Hong Kong) Ltd v. The Attorney-General of Hong Kong (1993) 9 Construction Law Journal 202 Munroe Schneider Associates (Inc) v. No. 1 Raberem Pty Ltd (1991) 33 FCR 1 National Insurance Co of New Zealand Ltd v. Espagne (1961) 105 CLR 569 Redding v. Lee (1983) 151 CLR 117 QUADRASCAN GRAPHICS PTY LTD AS TRUSTEE OF THE QUAD UNIT TRUST (ACN 008 994 821) & ANOR v. CROSFIELD ELECTRONICS ANZ PTY LTD (ACN 051 317 705) & ANOR CARR J. PERTH 18 MAY 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 124 of 1993 GENERAL DIVISION ) B E T W E E N: QUADRASCAN GRAPHICS PTY LTD AS TRUSTEE OF THE QUAD UNIT TRUST (ACN 008 994 821) First Applicant and MICHAEL WILLIAM CAMFIELD and JAMES JOHN KENNEDY Second Applicants and CROSFIELD ELECTRONICS ANZ PTY LTD (ACN 051 317 705) First Respondent and BURNHILL EQUIPMENT FINANCE ANZ PTY LTD (ACN 051 629 237) Second Respondent CORAM: CARR J. PLACE: PERTH DATE: 18 MAY 1995 MINUTE OF ORDER THE COURT ORDERS THAT: The Application 1. The application is dismissed. 2. The applicants are to pay the respondents' costs of the application. The first respondent's cross-claim against the first applicant 3. Judgment be entered for the first respondent against the first applicant in the sum of $22,013.03 inclusive of interest.