Fried v Dixie Holdings Pty Ltd [2000] FCA 1048

FEDERAL COURT OF AUSTRALIA

Fried v Dixie Holdings Pty Ltd [2000] FCA 1048

TRADE PRACTICES – consumer protection – misleading or deceptive conduct – s 52 of the Trade Practices Act 1974 (Cth) – sale of luxury high speed cruiser – representation by vendor as to top speed and comfortable cruising speed – representation that boat in "extremely good condition" – representation that engines were Detroit Diesel – whether representations false – whether applicants relied upon representations – measure of loss and damage – s 75B of the Trade Practices Act 1974 (Cth) – whether second respondent involved in contravention of s 52 – whether report prepared by fourth respondent constituted negligent misstatement.

Trade Practices Act 1974 (Cth), ss 52, 75B, 82 Federal Court of Australia Act 1976 (Cth) s 51(A) IOOF Australia Trustees (NSW) Ltd v Tantipech (1998) 156 ALR 470 at 478-80 referred to Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Pty Ltd (1978) 140 CLR 216 at 225 referred to Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 at 197 referred to Gould v Vaggelas (1985) 157 CLR 215 at 236 referred to Dominelli Ford (Hurstville) Pty Ltd v Karmot Auto Spares Pty Ltd (1992) 38 FCR 471 at 482-3 referred to Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 at 525 referred to Neilsen v Hempston Holdings Pty Ltd (1986) 65 ALR 302 referred to Collins Marrickville Pty Ltd v Henjo Investments Pty Ltd (1987) 72 ALR 601 at 611 referred to Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1988) 39 FCR 546 at 588 referred to Sutton v AJ Thompson Pty Ltd (in Liq) (1987) 73 ALR 233 at 239 referred to Yorke v Lucas (1985) 158 CLR 661 referred to Compaq Computer Australia Pty Ltd v Merry (1998) 157 ALR 1 at 5 referred to Bowler v Hilda Pty Ltd [2000] FCA 899 referred to Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 at 87 referred to Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 171 referred to General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164 referred to RUBEN FRIED and MORRY FRAID v DIXIE HOLDINGS PTY LTD (ACN 061 362 794), GRAHAM McDONALD, IAN JOHN McDONALD and ANTHONY GEORGE GRIPSKE VG 318 of 1998 WEINBERG J 3 AUGUST 2000 MELBOURNE & BRISBANE