Hello again Michael, and thanks for the clarification you provided.
A group called the Australasian Legal Information Institute (part of a
network of similar institutes around the world) makes available case
law from Australia over the internet. You can visit their site at:
http://www.austlii.edu.au/
and you can access their search engine directly at:
http://www.austlii.edu.au/forms/search1.html
I conducted numerous searches of Australian federal case law using the
terms you mentioned in various combinations: Wilcox, Bentley,
repairs, overcharge, car, automobile, automotive, and so on.
The cases I am listing below are the two best matches that I found,
but you may want to do some searches of your own, especially if you
learn any additional information about the case in question. I
haven't reproduced the cases here in full. Instead, I've copied the
first few paragraphs for informational purposes, and provided a link
you can click on (or copy into the address bar of your web browser)
and go directly to the case itself.
I hope this material fully meets your needs. But if you find you
would like additional explanation or additional information, just let
me know by posting a Request for Clarification, and I'll be happy to
assist your further.
Best of luck.
pafalafa-ga
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/federal%5fct/unrep1844.html?query=%7e+restoration+of+a+1966+1967+mercedes+benz
Federal Court of Australia
Re: RONALD ADAMS And: CLASSIC AUTOCRAFT (AUSTRALIA) PTY LIMITED NSW
G.197 of 1984 Trade Practices
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Wilcox J
HRNG
SYDNEY
#DATE 15:8:1985
ORDER
1. Judgment be entered in favour of the applicant against the
respondent for damages assessed at Twenty-two thousand dollars
($22,000.00).
2. The contract between the applicant and the respondent in respect of the
performance by the respondent on behalf of the applicant of work
involving the restoration and repair of the applicant's motor vehicle,
being a 1966-1967 Mercedes Benz 300SE coupe motor car, be varied so as
to release the applicant from liability for the payment of any further
moneys in respect of such work.
3. The respondent return to the applicant upon demand being made, and
delivery taken, by the applicant the said motor vehicle and each and every
usable part thereof, whether original or whether purchased by the respondent
on behalf of the applicant for use in such vehicle.
4. The cross-claim be dismissed.
5. The respondent pay to the applicant his costs of the proceedings.
AND THE COURT DIRECTS
6. That the exhibits be handed out at the expiration of 21 days
unless in the meantime a Notice of Appeal shall have been filed.
JUDGE1
This case is concerned with the restoration of a 1966-1967 Mercedes
Benz 300SE coupe motor car, a vehicle which the parties agree may
properly be
described as a "classic car". A classic car is one which, because of its
quality and rarity, is of interest to connoisseurs of motor cars and
which has a tendency to appreciate, rather than depreciate, in value
with the passage of time. Mr Adams purchased the car from a gentleman
resident in Adelaide, who was the brother-in-law of Mr David Lee, a
friend of Mr Adams. Mr Lee had himself previously owned the car and he
had continued to take an interest in it. The consideration for the
purchase was the payment of $500 in cash together with the delivery by
Mr Adams to the vendor of a 1963 model 3.8 Jaguar. It is not clear
whether the money value of the Jaguar was at the time discussed
between the parties to the exchange but it is accepted by both parties
to this litigation that the total value of the consideration given was
about $7,000. This may be taken as the purchase price....
==========
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/federal%5fct/unrep1603.html?query=%22counsel+argues+was+that+the+repairs+contemplated%22
Federal Court of Australia
Re: LINDA MARTIN And: HORSELESS CARRIAGES PTY LIMITED No. G.8 of 1984
Consumer Protection
COURT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Wilcox J.
HRNG
SYDNEY
#DATE 28:9:1984
ORDER
Judgement for the applicant in the sum of Ten thousand two hundred and fifty
dollars ($10,250.00).
Order that the respondent pay to the applicant her costs of the proceedings.
Direct that the exhibits be returned if no appeal is filed within 21 days of
this date.
JUDGE1
This case, which arises under the Trade Practices Act 1974 and the law of
contract, concerns the consignment for sale of a motor car, rare in Australia:
a 1979 Chevrolet Corvette Stingray. The applicant, Linda Martin, is an
American who married a member of the Australian Navy and came to live in
Australia in May 1982. She brought with her the vehicle and had it converted
to right hand drive and registered in Australia.
In January 1983 Mrs Martin decided to sell the car. Her husband, Michael
Martin, was about to leave for overseas naval duty and she proposed to visit
her parents in America during his absence. Mr Michael Martin called into the
premises of the respondent, a company which operated a used car sales yard in
Parramatta Road, Concord, which yard specialised in unusual and expensive
motor cars, particularly sports cars. Mr Martin showed a photograph of the car
to Mr David Gray, the Sales Manager, and to Mr Ronald Hunter, Managing
Director of the respondent. The two men asked Mr Martin to bring in the
vehicle. At that time the car was coloured blue, the paintwork being slightly
faded and with a few small marks, especially on the nose. Mechanically, it was
in good condition. It was registered until 16 July, 1983...
==========
Again, if you need any additional information, just let me know, and
I'm at your service. |
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