Federal Court of Australia
CATCHWORDS
Money Lenders Ordinance 1936 (A.C.T.) - consideration of
definition of "money lender" and of phrase "to carry on business" - whether definition of "loan" in s. 4 (1) of Money Lenders Ordinance 1936 (A.C.T.) necessarily to be imported into definition of "business of money lending" - discussion of extended statutory definition of "loan" including forbearance to require payment of money owing - whether respondent carried on business of money lending.
Money Lenders Ordinance 1936 (A.C.T.) ss. 4, 9
ROBERT WILLIAM NADER Appellant AUSTRALIAN PHARMACEUTICAL INDUSTRIES LIMITED Respondent
NO. A.C.T. G46 of 1980
CORAM: LOCKHART, SHEPPARD AND KELLY JJ.
CANBERRA, A.C.T.
13 OCTOBER 1981
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY GENERAL DIVISION
No. A.C.T. G46 of 1980
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:
AND:
ORDERS
JUDGES MAKING ORDERS:
WHERE MADE:
DATE OF ORDERS:
THE COURT ORDERS THAT:
ROBERT WILLIAM NADER
Appellant
AUSTRALIAN PHARMACEUTICAL INDUSTRIES LIMITED
Respondent
LOCKHART, SHEPPARD AND KELLY JJ.
CANBERRA
13 OCT 1981
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of this appeal
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY NO. A.C.T. G 46 OF 1980
DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ROBERT WILLIAM NADER
Appellant AND: AUSTRALIAN PHARMACEUTICAL INDUSTRIES LIMITED Respondent CORAM: LOCKHART, SHEPPARD AND KELLY JJ. REASONS FOR JUDGMENT LOCKHART J. 1 3 OCT 1981
This appeal from the Supreme Court of the Australian Capital Territory turns on whether the Money Lenders Ordinance 1936 (A.C.T.) ("the Ordinance") applies to certain transactions between the parties and thus operates to prevent Australian Pharmaceutical Industries Limited ("the respondent") from recovering moneys which it claims are due to it by Robert William Nader ("the appellant") and from enforcing
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