Federal Court of Australia
CATCHWORDS
Trade Practices - false representations as to benefits
which promised service had - whether in addition to promise
defendant represented intent to perform promise - intention
of agent not to supply benefit promised by principal.
Trade Practices Act 1974 s.53(c)
David Allen Ransley v. Medical Benefits Fund of Australia Ltd.
TG No. 3 of 1979
Coram: Smithers J.
Melbourne
23 April 1980
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
TG No, 3 of 1979
TASMANIA DISTRICT REGISTRY
wee
IN THE MATTER OF THE TRADE PRACTICES
ACT 1974 BETWEEN: DAVID ALLEN RANSLEY Prosecutor AWN D: MEDICAL BENEFITS FUND OF AUSTRALIA LTD. Defendant ORDER
Judge Making Order: Smithers J.
Date of Order: 23 April 1980
Where Made: Melbourne
The Court orders that:
1.
The informations G No, 2 of 1979, G No, 3 of 1979 and
G No. 4 of 1979 be dismissed.
The informant pay the defendant's costs of and incidental
to each of those proceedings.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION No. G3 of 1979
VICTORIA DISTRICT REGISTRY
IN THE MATTER OF THE TRADE PRACTICES ACT 1974
BETWEEN: DAVID ALLEN RANSLEY
Prosecutor
> a lw]
MEDICAL BENEFITS FUND
OF AUSTRALIA LIMITED Defendant
Coram: Smithers J.
23 April 1980
REASONS FOR JUDGMENT
These proceedings concern three informations against the defendant in respect of offences alleged to have been committed by the defendant corporation in contravention of s.53(c) of the Trade Practices Act 1974 (the Act) at
Hobart in Tasmania.
The first alleged offence, namely that specified in proceedings G. No. 2 of 197%, as amended, is that the defendant did in November 1978, at Hobart in Tasmania, in trade or commerce in connection with the promotion by advertising of the supply of services, namely the rights or benefits to be provided under a scheme of hospital benefit, represent to Baden Bertram Duffy that the said services had benefits they did not have, namely that a benefit of $96.00 per day would be paid to contributors to "Table D" under the said scheme, such representation being contained in a brochure entitled
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