Ruaro v Ferrari [2007] FCA 2022

FEDERAL COURT OF AUSTRALIA

Ruaro v Ferrari [2007] FCA 2022

TRADE PRACTICES – mooring agreement – where right granted to use marina facilities to moor vessel – vessel destroyed during storm – whether breach of warranties implied by s 74 of the Trade Practices Act 1974 (Cth) – whether breach of duties of care – whether misleading and deceptive conduct under s 52 of the Trade Practices Act – whether statements made constituted the alleged representations. Trade Practices Act 1974 (Cth) ss 4, 52, 68, 74(1), 74(2) and 82 MARK RUARO AND ANOR v CATHERINE FERRARI AND ANOR NSD936 OF 2005

EMMETT J

19 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD936 OF 2005

BETWEEN: MARK RUARO

First Plaintiff

SECILIA RUARO

Second Plaintiff

AND: CATHERINE FERRARI

First Defendant

HOLCOMM MARINE PTY LIMITED t/as HOLMEPORT MARINAS ACN 062 320 870

Second Defendant

JUDGE: EMMETT J

DATE OF ORDER: 19 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT:

1. Orders that the proceeding be dismissed. 2. Orders that the plaintiffs pay the second defendant's costs of the proceeding. 3. Directs that orders 1 and 2 not be entered before 11 February 2008. 4. Directs the parties to make any further submissions regarding costs, no later than 1 February 2008. 5. Directs that the matter be listed for directions on 8 February 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD936 OF 2005

BETWEEN: MARK RUARO

First Plaintiff

SECILIA RUARO

Second Plaintiff

AND: CATHERINE FERRARI

First Defendant

HOLCOMM MARINE PTY LIMITED t/as HOLMEPORT MARINAS ACN 062 320 870