Federal Court of Australia
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CATCHWORDS
Trade Practices - Prosecution - false and misleading statement concerning location of land - meaning of "location" and "facilities"—- Minister's consent and amendments to informations and summons - relevance of evidence given by members of the public -— requirement
of statement being made "in trade or commerce" and "in connexion with
the promotion of the sale".
TRADE PRACTICES ACT 1974 ss.53A(1)(b), 85, 79(1), 163. JUDICIARY ACT 1903 s.79
JUSTICES ACT OF S.A. 1921 ss.69, 125
COMMONWEALTH CRIMES ACT 1914 ss.21, 21A
PLANNING AND DEVELOPMENT ACT OF S.A. 1967-1972
FEDERAL COURT RULES Order 49 rule 5
JOHN GRAHAM VIDEON Vv BARRY _ BURROUGHS PTY. LTD.
AND
JOHN GRAHAM VIDEON Vv BENEFICIAL LEASING PTy. LTD. AND
JOHN GRAHAM VIDEON Vv poueetciae FINANCE CORPORATION
No. 5 = 6 of 1980 No. 7 - 8 of 1980 No. 9 -10 of 1980
FISHER J. ADELAIDE
30 October 1981
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+
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
IN THE FEDERAL COURT OF SOUTH AUSTRALIA) No. 5 - 6 of 1980
} No. 7 - 8 of 1980 } No. 9 -10 of 1980 BETWEEN: JOHN GRAHAM VIDEON Prosecutor - and - BARRY BURROUGHS PTY. LTD. Defendant AND ~ JOHN GRAHAM VIDEON Prosecutor - and - BENEFICIAL LEASING PTY. LTD. Defendant AND JOHN GRAHAM VIDEON Prosecutor - and -
BENEFICIAL FINANCE CORPORATION LTD.
Defendant
REASONS FOR JUDGMENT
FISHER J.: 3C October 1981
These prosecutions are brought by the prosecutor against each of the defendants alleging contraventions of s.53 A(1){(b)
of the Trade Practices Act 1974 ("The Act"). By consent of all
parties the proceedings were heard concurrently on the basis that
2.
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all evidence taken, subject to proper objections on the ground of inadmissability against a particular defendant, was evidence against each of the defendants. The relevant portions of s.53A
of the Act are in the following terms:
"$.53A (1) A corporation shall not, in trade or commerce, in connexion with the sale or grant, or the possible sale or grant, of an interest in land or in connexion with the
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