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Plaintiff v First Defendant Second Defendant [2004] VSC 301 | Case summary | Zoe

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Home/Cases/[2004] VSC 301

VICVSC

Plaintiff v First Defendant Second Defendant

[2004] VSC 301

Supreme Court of Victoria|2004-08-30|Before: Byrne, J

View original source

At a glance

Source facts

Court

Supreme Court of Victoria

Decision date

2004-08-30

Before

Byrne, J

Source

Original judgment source is linked above.

Plain-English guides

Faulty goods: major vs minor problems and refundsAustralia
Unfair contract terms under Australian Consumer LawAustralia
Cancel a door-to-door or cold-call sale (ACL cooling-off)Australia

Judgment (3 paragraphs)

[1]

The application is dismissed.
The appeal is dismissed.
The plaintiff pay the costs of the firstnamed defendant including any reserved costs.

[2]

The application is dismissed.
The plaintiff pay the costs of the defendant including any reserved costs.

[3]

[1]Special condition 8.2
[2]Special condition 14.1.
[3]Special condition 6.2
[4]Special condition 27.1.
[5]Special condition 27.1.
[6]Special condition 1.3
[7]Special condition 1.5
[8]Clause 1.1(b)
[9]Special condition 1.3
[10]Special condition 1.4
[11]Special condition 1.6
[12]Special condition 6.3
[13]Given the generality of these, this may not be an onerous obligation.
[14]Given the definition of settlement date in the particulars of sale, this is not likely to be burdensome.

Parties

Applicant/Plaintiff:

Mirvac (Docklands) Pty Ltd

Respondent/Defendant:

Philp [2004] VSC 301

Legislation Cited (24)

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Domestic Building Contracts Act 1995

Fair Trading Act 1999

Domestic Building Contracts (Amendment) Act 2004

Cases Cited (1)