Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eastern Pearl Corporation v Groundhog Sales and Rentals Pty Ltd [2012] FCA 406 Citation: Eastern Pearl Corporation v Groundhog Sales and Rentals Pty Ltd [2012] FCA 406
Parties: EASTERN PEARL CORPORATION v GROUNDHOG SALES AND RENTALS PTY LTD (ACN 091 781 707) and GLENN ROBERT MACKAY
File number: QUD 578 of 2010
Judge: MARSHALL J
Date of judgment: 24 April 2012
Catchwords: CONTRACTS – commercial agreement – breach of a joint venture agreement relating to the sale and repurchase of earth-moving equipment - misleading and deceptive conduct – goods – fit for purpose – merchantable quality
Legislation: Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) ss 5(3), 52, 82 Goods Act 1958 (Vic) ss 19, 61
Dates of hearing: 14, 15, 16 and 19 March 2012
Place: Melbourne (heard in Brisbane)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 65
Counsel for the Applicant: Mr P Hastie
Solicitor for the Applicant: Plastiras Lawyers
Counsel for the Respondents: Mr J Catlin
Solicitor for the Respondents Harwood Andrews Lawyers
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 578 of 2010
BETWEEN: EASTERN PEARL CORPORATION
Applicant/ Cross- Respondent
AND: GROUNDHOG SALES AND RENTALS PTY LTD
(ACN 091 781 707)
First Respondent/ Cross-Claimant
GLENN ROBERT MACKAY
Second Respondent
JUDGE: MARSHALL J DATE OF ORDER: 24 APRIL 2012 WHERE MADE: MELBOURNE (heard in BRISBANE)
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