Federal Court of Australia
CATCHWORDS
Trade Practices - Statements in breach of s.52 and s.53(¢g)
of Trade Practices Act 1974 - Whether making of statements
is consistent with formation of contract - Measure of
damages for breach of Part IV of that Act.
Contract —- Whether oral statements were mere representations
or constituted a contract collateral to a written contract.
Trade Practices Act 1974 - sections 52, 53(g), 82, 87.
Federal Proceedings (Costs) Act 1981 - section 6.
JEFFREY KENNETH GATES v. THE CITY MUTUAL LIFE ASSURANCE SOCIETY LIMITED
No. G1i70 of 1982
THE CITY MUTUAL LIFE ASSURANCE SOCIETY LIMITED v. JEFFREY KENNETH GATES
No. G1i73 of 1982
Fox, Lockhart, and Fitzgerald JJ. 18 February 1983
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ) ) )
GENERAL DIVISION
JUDGES MAKING ORDER.
WHERE MADE:
DATE:
Fox,
No. G1i70 of 1982
No. G173 of 1982
No. G170 of 1982
BETWEEN :
JEFFREY KENNETH GATES
Appellant
AND:
THE CiTY MUTUAL LIFE ASSURANCE SOCIETY LIMITED
Respondent
No. G1i73 of 1982
BETWEEN:
THE CITY MUTUAL LIFE ASSURANCE SOCIETY LIMITED
Appellant
AND:
JEFFREY KENNETH GATES
Respondent
ORDER,
Lockhart and Fitzgerald JJ.
Sydney.
18 February 1983.
IN NO. G170 OF 1982 THIS COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. IN NO. G173 OF 1982 THIS COURT ORDERS THAT: 1. The appeal be allowed.
2. The declarations and orders of Ellicott J. be set aside.
3. In lieu thereof :- (a) the proceedings before him be dismissed; (b) there be no order as to the costs of those
proceedings.
4. The respondent pay the appellant's costs of the
appeal.
5. The respondent be granted a costs certificate
pursuant to s.6 of the Federal Proceedings (Costs)
Act 1981 limited to the first day of hearing of
the appeal.
IN THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G 170 OF 1982
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate