Sterling, Robert v. Trade Practices Commission [1981] FCA 53

' CATCHWORDS

Trade Practices - Misleading or deceptive conduct - Appeal against grant of injunction.

Constitutional Law - Whether s.80 of the Trade Practices Act

1974 exceeds the legislative power of the Commonwealth.

The Constitution (62 and 63 Victoria c.12) s.51 (xx)

Trade Practices Act 1974 (Cth.) s.52, s.80.

ROBERT STERLING v. TRADE PRACTICES COMMISSION

N.S.W. No. G23 of 1980

Franki, Northrop and Keely JJ. Sydney.

12 May 1981.

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) No. G.23 of 1980

)

GENERAL DIVISION ) BETWEEN: ROBERT STERLING Appellant AND: TRADE PRACTICES COMMISSION Respondent. ORDER JUDGES MAKING ORDER: Franki, Northrop and Keely JJ. WHERE MADE: Sydney DATE MADE: 12 May 1981

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant pay the respondent's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA)

y NEW SOUTH WALES DISTRICT REGISTRY} NO. G.23 OF 1 GENERAL DIVISION )

BETWEEN: ROBFRT STFRILING

Appellant

AND: TRADE PRACT

ICES

COMMISSION

CORAM: Franki, Northrop and Keely JJ.

12 May 1981.

RFASONS FOR JUDGMENT

FRANKI J.

Respondent

This 1s an appeal from the judgment of a Judge of this

Court wherein the following orders were made under s.80 of the

Trade Practices Act, 1974 (hereinafter called "the Act

the appellant.

"1. The respondent be restrained until further order from aiding, abetting, counselling or procuring any company or person to engage, in trade or commerce, in the conduct of advertising, representing, offering for sale er selling interests in land in a manner that is misleading or deceptive in contravention of s.52 of the Trade Practices Act 1974;

2. The respondent be restrained until further order from inducing or attempting to induce any company or person to engage in any of the conduct aforesaid and from being in any way, directly or indirectly, knowingly concerned in or party to such conduct by any company or person;