Federal Court of Australia
CATCHWORDS
Trade Practices - prosecution for false statements made in promotion of sale of interest in land - defendant engaged
in subdividing land for residential purposes - advertisements in newspaper concerning existence of facilities associated with land - whether statements false - construction of
advertisements. Trade Practices Act 1974 (Cth.) ss. 53A, 79
KAREEN SHERRY SACKVILLE Prosecutor MANSARD DEVELOPMENTS
PTY. LIMITED Defendant W. A. No. G12 of 1981 W. A. No. G 13 of 1981 W. A. No. G 14 of 1981 LOCKHART J.
10 JULY 1981
AT SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
)
) W. A. No. G 12 of 1981 WESTERN AUSTRALIA DISTRICT REGISTRY ) W. A. No. G 13 of 1981 ) Ww. A )
- No. G 14 of 1981 GENERAL DIVISION
BETWEEN:
KAREEN SHERRY SACKVILLE
Prosecutor AND: MANSARD DEVELOPMENTS PTY. LIMITED Defendant ORDERS JUDGE MAKING ORDERS: LOCKHART J. DATE OF ORDERS: FRIDAY 10 JULY 1981 WHERE MADE: AT SYDNEY
THE COURT ORDERS THAT:
1. The further hearing of these matters be adjourned
to 3 August 1981.
2. If either party seeks to adduce evidence on the question of penalty, such evidence should be in the form of affidavits, so far as practicable, to be filed and served ' on or before 24 July 1981.
3. Liberty to either party to apply on 2 days' notice.
IN THE FEDERAL COURT OF AUSTRALIA
)
)W.A. No. G 12 of 1981 WESTERN AUSTRALIA DISTRICT REGISTRY )W.A. No. G 13 of 1981 )w )
eA. No. G 14 of 1981 GENERAL DIVISION
BETWEEN:
KAREEN SHERRY SACKVILLE
Prosecutor
MANSARD DEVELOPMENTS PTY. LIMITED
Defendant
REASONS FOR JUDGMENT
LOCKHART J.
10 July 1981 AT SYDNEY
These are three prosecutions under the Trade Practices
Act 1974 ("the Act") heard together by consent. The prosecutor charges in each case that Mansard Developments Pty. Limited
("the defendant"), being a corporation, in trade or commerce,
did, contrary to the provisions of s. 79 (1) of the Act, contravene the provisions of s. 53A (1) (b) in that, in connexion with the promotion of the sale of an interest in land, make a false
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