Federal Court of Australia
FEDERAL COURT OF AUSTRALIA CONTRACT - cheques - contract for sale of car - car delivered to purchaser without transfer documents in return for personal cheque - cheque dishonoured - whether sale illegal under Motor Vehicle Safety Act 1980 (Qld) because of absence of roadworthiness certificate - whether total failure of consideration - cheque presumed to have been taken for value Motor Vehicle Safety Act 1980 (Qld) s 32 Cheques and Payment Orders Act 1986 (Cth) s 37 IVAN MATAS v JOLANDA BARTULIN AG 78 OF 1997 EINFELD, FINN AND MERKEL JJ 7 JULY 1998 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY AG 78 OF 1997
ON APPEAL FROM THE SUPREME COURT THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ivan matas
appellant
AND: jolanda bartulin
respondent
JUDGES: einfeld, finn and merkel jj
DATE OF ORDER: 7 july 1998
WHERE MADE: canberra
THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The judgments of the Magistrates Court and of the Supreme Court are set aside. 3. The respondent pay to the appellant the sum of $4,500, with statutory interest. 4. The respondent pay two thirds of the appellant's taxed costs in the Magistrates Court and all of the appellant's taxed costs in the Supreme Court and of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY ag 78 of 1997
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
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