Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Christofidellis v Zdrilic [1999] FCA 39
TRADE PRACTICES – misleading and deceptive conduct - whether certain oral representations were made by a real estate agent about a property's dimensions and sub-divisibility to the prospective purchasers
EVIDENCE – credibility of witnesses – difficulty of satisfying the requisite onus of proof when there is no satisfactory corroborative evidence of oral representations
NEGLIGENCE – duty of a solicitor to explain a contract for the purchase of property to clients – retainer to "check the area" of property
Trade Practices Act 1974 (Cth) s 52, s 53a and s 82
Fair Trading Act 1987 (NSW) s 42, s 45 and s 68
Fox v Everingham (1983) 50 ALR 337
Watson v Foxman (Supreme Court of New South Wales, unreported, 3 August 1995)
STELIOS CHRISTOFIDELLIS & ORS v NED & VISJNA ZDRILIC & ORS
NG 772 of 1995
The hon justice marcus einfeld ao
sydney
19 january 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 772 OF 1995
BETWEEN: STELIOS CHRISTOFIDELLIS
First Applicant
MARCIA SEIXAS CHRISTOFIDELLIS
Second Applicant
BELRAKE PTY LTD
Third Applicant
AND: NED & VISJNA ZDRILIC
First Respondents
TERRY PFEIFFER REAL ESTATE PTY LTD
Second Respondent
TERRENCE STANLEY PFEIFFER
Third Respondent
TASS JAMES JOHNSON & TINO DI BELLO
Fourth Respondents
JUDGE: THE HON JUSTICE MARCUS EINFELD AO
DATE OF ORDER: 19 JANUARY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application against the second, third and fourth respondents be dismissed.
2. The cross claims of those respondents be dismissed.
3. The applicants pay those respondents' costs including their costs on their cross claims.
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