McIntyre, A.C. v Future Motors Pty Ltd [1987] FCA 716

McIntyre, A.C. v Future Motors Pty Ltd [1987] FCA 716

The respondent, through its managing director, was guilty of misleading and deceptive conduct and misrepresented the vehicle's condition in breach of statutory provisions; damages are best assessed by the cost of repairs (discounted), plus incidental expenses and interest, as these represent the applicant's financial loss caused by the misrepresentation.

Parties
Applicant: Arthur Charles McIntyre; Respondent: Future Motors Pty. Ltd.
Jurisdiction
Australia
Judgment Date
09 November 1987
Procedural Posture
Damages Claim Under Statute and Common Law / Judgment and Orders After Final Hearing
Outcome
Judgment for applicant
Legal Topics
Misleading and Deceptive Conduct, Misrepresentation, Damages, Motor Vehicle Sale, Representations as to Condition
Trade Practices Misleading and Deceptive Conduct Misrepresentation Damages Motor Vehicle Sale Representations as to Condition

Case Brief

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Parties

Arthur Charles McIntyre

Applicant

Future Motors Pty. Ltd.

Respondent

Procedural Posture

Damages Claim Under Statute and Common Law / Judgment and Orders After Final Hearing

Legal Issues

  1. 1 Whether representations made by seller were misleading or deceptive under s.52 of Trade Practices Act 1974
  2. 2 Whether representations breached s.53(a) of Trade Practices Act 1974
  3. 3 Measure of damages recoverable under the Trade Practices Act for misleading representations

Ratio Decidendi

The respondent, through its managing director, was guilty of misleading and deceptive conduct and misrepresented the vehicle's condition in breach of statutory provisions; damages are best assessed by the cost of repairs (discounted), plus incidental expenses and interest, as these represent the applicant's financial loss caused by the misrepresentation.

Court Disposition

Judgment for applicant

Orders

  • Judgment be entered for the applicant in the sum of $13,521.05, with costs.
  • Proceedings stayed for one month by consent.