Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harper v Reg-Air Pty Ltd [2009] FCA 448
TRADE AND COMMERCE – express representation – whether agreement to repair, maintain and service aircraft within certain timeframe – whether representation made –capacity in which representation made – whether reliance on the representation TRADE AND COMMERCE – implied representation – whether representation to repair, maintain and service aircraft in compliance with the Civil Aviation Act 1988 (Cth) and Civil Aviation Regulations 1988 (Cth) – whether implied that services would be rendered with due care and skill TORTS – whether trespass to or conversion of certain parts of aircraft – whether defence of consent made out
Civil Aviation Act 1988 (Cth) Civil Aviation Regulations 1988 (Cth) Trade Practices Act 1974 (Cth) Briginshaw v Briginshaw (1938) 60 CLR 336 Butcher v Lachlan Elder Realty Pty Limited (2004) 218 CLR 592; [2004] HCA 60 Butler v Egg & Egg Pulp Marketing Board (1966) 114 CLR 185 Helton v Allen (1940) 63 CLR 691 Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204 Watson v Foxman (1995) 49 NSWLR 315 G E Dal Pont (general editor). Halsbury's Laws of Australia. LexisNexis Butterworths: Sydney (looseleaf service last updated April 2009) Fleming, John G. The Law of Torts (9th ed). Law Book Company: Sydney (1998) GEOFFREY ALAN HARPER v REG-AIR PTY LTD, STEVEN HOBSON and TS AIR CHARTER PTY LTD
NSD 1788 of 2007
JAGOT J
7 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1788 of 2007
BETWEEN: GEOFFREY ALAN HARPER
Applicant
AND: REG-AIR PTY LTD
First Respondent
STEVEN HOBSON
Second Respondent
TS AIR CHARTER PTY LTD
Third Respondent
JUDGE: JAGOT J
DATE OF ORDER: 7 MAY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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