Federal Court of Australia
CATCHWORDS
Trade Practices —- Consumer Protection —- Limitation Period for laying informations - Applicant unable lo establish that representations made within the lamitation period —- Meaning of the word "new" - Whether a "Guarantee" was false or merely not honoured - Meaning of "benefit" -— Whether a fiscal advantage is a "benefit" attaching to goods. ~ Trade
Practices Act 1974 s. 53 (a) (b) (c) (g).
LEE STEPHANIE HOLLIS v. A. B. FE. COPIERS PTY, LIMITED
LOCKHART J.
22 JUNE 1979
No. G 25 of 1978
No. G 26 of 1978
IN_ THE FEDERAL COURT OF AUSTRALIA No. G 27 of 1978 No. G 28 of 1978
GENERAL DIVISION No. G 29 of 1978
IN _THE MATTER of
Tits TRADE PRACTICES ACT 1974
BETWEEN : LE STEPHANIE HOLLIS
Informant
A.B... COPIERS PTY. LIMITED
Defendant
ORDER
JUDGE MAKING ORDER: LOCKITART J.
DATE OF ORDER: FRIDAY 22 JUNE 1979
WHERE MAD: SYDNEY
THE COURT ORDERS TIIATs
The five informations be dismissed
Informant pay the defendant's costs including reserved costs.
) No. G 25 of 1978
IN THE FEDERAL COURT OF AUSTRALIA ) No. G 26 of 1978 No. G 27 of 1978
GENERAL DIVISION No. G 28 of 1978
No. G 29 of 1978
IN THE MATTER of
THD TRADE PRACTICES ACT 1974
BETWEEN: LEE STEPHANIE HOLLIS Informant AND: A.B.LE. COPIERS PTY. LIMITED Defendant Le 1979 LOCKHART J.
REASONS FOR JUDGMENT
These are four charges alleging contravention by the defendant of certain of the consumer protection provisions of the Trade Practices Act 1974 ("the Act").
By consent the charges were heard together.
Five informations were laid by Lee Stephanie Hollis ("the unformant") on 29 November 1978 and five summonses were 1ssued that day. One of the charges (G 29 of 1978) was not proceeded with,
The four charges are that in the month of December 1977, at Brisbane, the defendant, a company incorporated according to the laws of New South Wales:
(1) did in contravention of s. 53 (b) of
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