Trade Practices Commission v Sterling, Robert [1980] FCA 17

CATOUNOEDS JUDGMENT No conceal Rhee

Trade Practices - consumer protection - application for angunction - misleading and deceptive conduct in relation

to sale of Jand.

Constitutional Law - corporailon's power - inguncticn

against natural person - whether s. 80 of Trade Pracrices

Act 1974 exceeds the legislative power of the

Commonwealth —- valid law of the Comnonwealih - whether s.

&0

2s confined to contraventions capable of being comi.itted by

the person tho 1s alleged to have aided, abetted,counselleil

or procured or induced, or attempted to induce or to have

been knowingly concerned in, or party to, those contraventions

The Constitution (62 and 63 Vict. c. 12) s. 51 (XX)

Trade Practices Act 1974 (Cth.) s. 52, 5. 80. Crimes Act 1914 (cth.) S. 5, Ss. 7A. THE TRAD" PRACTICES AcT_197'

ee ene

TRADE PRACTICES (COMMISSLON ~- Applicant

ROBERT STERLING - Respondent

No. G155 of 197% LOCKUSRE J. SYDNEY

21 FBRUARY 1980,

1N THE FEDFRAL COURT OF _AUSrRAI LA) ) GENFRAL DIVISION ) Nu.G155 of 1978

In the matter of

LHF_JRADY PRACTICES act 1974

i

BETWEEN TRADE PRACT ICE> COMMLASLON Applicant AND ROBERT _slERLTNG Respondent ORDR JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE MADE: 21 PEBRJARY 1980

THE COURT ORDERS THAT:

1. The respondent be restrained until further order from alding, abetting, counselling or procuring any company or person to engage, in trade or commence, 1n the conduct of advertising, representing, offering for sale or sellins anterests in land in a manner that 1s misleading or deceptive in contravention of s. 52 of the rade Practices Act 1974;

2. The respondent be restrained until further order fron inducing or attempting to induce any company or person to engage 1n any of the conduct aforesaid and from b2ing in any way, d.rectly or indirectly, knowingly concerned in or party

to such condict by any company or person;