IN THE FEDERAL COURT OF AUSTRALIA )
) No. G690 OF 1992
NEW SOUTH WALES DISTRICT REGISTRY )
)
GENERAL DIVISION )
BETWEEN: INTERNATIONAL ALPACA MANAGEMENT PTY LIMITED
First Applicant
TEXTILE FINANCE LIMITED
Second Applicant
COOLAROO ALPACA GENERAL PARTNER PTY LIMITED
Third Applicant
AND: BEN K E ENSOR
First Respondent
GARRYMERE FARMS LIMITED
Second Respondent
DEPARTMENT OF PRIMARY INDUSTRY AND ENERGY
Third Respondent
CORRIGENDA TO
REASONS FOR JUDGMENT DATED 7 APRIL 1995
1. Page 40, lines 12 -13
'the course of negotiations did to accurately reflect the true position as to the facts alleged in it' should read 'the course of negotiations did not accurately reflect the true position as to the facts alleged in them'.
2. Page 41, line 22
'Towards the beginning of the letter he said' should read 'The tone of the letter is reflected in the comment towards the beginning of the letter where Inglis said:'
3. Page 50, line 10
'was held to be choice of law provision' should read 'was held to be a choice of law provision'.
4. Page 50, line 13
'The may by implication express a choice of law' should read 'The parties may by implication express a choice of law'.
5. Page 50, line 13
'United Stated' should read 'United States'.
6. Page 52, lines 14 -16
'Whilst I consider each of these clauses is a choice of law, none of these clauses is a choice of law clause, none is entirely satisfactory.' should read, 'Whilst I consider that each of these clauses is a choice of law clause, none are entirely satisfactory.'
7. Page 53, line 4
'being considered in any other court' should read 'being considered in "any other court'.
8. Page 59, line 23
'His Honour referred, to but did not discuss,' should read 'His Honour referred to, but did not discuss,'.
9. Page 67, lines 31-32
'Clause 4.2 which on its face deals with the passing of property. Clause 4.2 depends upon the event of delivery provided for in clause 4.1.'should read 'Clause 4.2, which on its face deals with the passing of property, depends upon the event of delivery provided for in clause 4.1.'
10. Page 71, line 19
'Ensor's counsel's submitted' should read 'Ensor's counsel submitted'.
11. Page 71, line 24
'"Traditio" ' should read ' "traditio" '.
12. Page 72, line 3
'"Traditio" ' should read ' "traditio" '.
13. Page 77, line 9
'$US32.278' should read '$US32,278'.
14. Page 80, line 13
'agreement.' should read 'agreement?'
15. Page 83, line 8
'or "vendors" and purchasers" were consistently' should read 'or "vendors" and "purchasers" were consistently'.
16. Page 104, lines 10 -11
'Secondly, as I have found Harrison had ostensible authority to enter the contract.' should read 'Secondly, I have found Harrison had ostensible authority to enter the contract.'
17. Page 108, line 9
'regard has to had' should read 'regard has to be had'.
18. Page 108, lines 24-25
'Agency of Harrison and Intention to contractually bound:' should read 'Agency of Harrison and Intention to be contractually bound:'.
19. Page 110 line 3
'on the 7 or 8 September' should read 'on 7 or 8 September'.
20. Page 110, lines 7-8
'if the one seller sell' should read 'if the one seller sells'.
21. Page 110, line 11
'Traditio' should read 'traditio'.
22. Page 111,line 15
'As Sutton points out' should read 'As Sutton in The Law of Sale of Goods in Australia and New Zealand (3rd ed, Law Book Co, 1983) points out'
23. Page 112, line 9
'Sutton' should read 'The Law of Sale of Goods in Australia and New Zealand'.
24. Page 120, lines 12 -13
'There was therefore for him to make enquiries about.' should read 'There was therefore, nothing for him to make enquiries about.'
25. Page 126 , line 21
'He enabled Ensor' should read 'This enabled Ensor'.
26. Page 129, line
'as AIM' should read 'as IAM'.
27. Page 133, line 14
'pressure that felt' should read 'pressure that was felt'.
30. Page 143, line 26
'As the Morales' should read 'As Morales'.
I certify that this and the preceding 5 pages
are a true copy of Corrigenda the Reasons for Judgment
of the Honourable Justice Beazley.
Associate:
Dated: 7 August 1995
