Federal Court of Australia
CATCHWORDS
Trade practices - Misleading or deceptive conduct alleged in course of sale of business - objection to jurisdiction - whether natural persons can be respondents - validity of s.82
of Trade Practices Act (1974) - whether a respondent company
is a trading corporation - joinder of non-federal matters -
application of principles enunciated in Phillip Morris Inc.
v. Adam P. Brown Male Fashions Pty. Ltd. (1981) 55 A.L.J.R. 120.
COMMONWEALTH OF AUSTRAL[TA CONSTITUTION ACT (Imp) (1900) ss.76, 77
ACTS INTERPRETATION ACT (1901) s.22
CRIMES ACT (1914) s.5
TRADE PRACTICES ACT (1974) ss.4(1), 6, 32, 52(1), 75B, 76, 78, 79, 80, 86, 87.
HANS MARTIN MULLER and SCRID NOMINEES PTY. LTD. v. BRYAN ERIC FENCOTT and PATRICIA ALMA FENCOTT and H. & T. HOLDINGS PTY. LTD.
trading as CITY BUSINESS BROKERS and JAMES JOHN HONDROS and
OAKLAND NOMINEES PTY. LTD. and VICTOR HARRY JOHNSEN
W.A. No. G.24 of 1981 TOOHEY J.
2 February 1982
AT PERTH
IN THE FEDERAL COURT OF AUSTRALIA )
) WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No. G. 24 of 1981
) GENERAL DIVISION )
BETWEEN: HANS MARTIN MULLER
First Applicant AND: SCRID NOMINEES PTY. LTD.
Second Applicant
AND: BRYAN ERIC FENCOTT and PATRICIA ALMA FENCOTT
First Respondents AND: H. & T. HOLDINGS PTY. LID. a trading as CITY BUSINESS — BROKERS Second Respondents . AND: JAMES JOHN HONDROS Third Respondent AND: OAKLAND NOMINEES PTY. LTD. Fourth Respondent AND : VICTOR HARRY JOHNSEN Fifth Respondent
CORAM: Toohey J.
2 February, 1982 REASONS FOR DECISION
The applicants claim against each of the respondents
damages pursuant to s.82 of the Trade Practices Act 1974, alternatively damages at common law. They seek additional relief against some of the respondents.
On 10 September 1981 I delivered reasons for decision
on an application by some of the respondents seeking a dismissal
Re
of the proceedings or alternatively a stay, in each case on
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