Federal Court of Australia
CATCHWORDS
TRADE PRACTICES —- consumer protection - misleading and deceptive conduct - sale of a business - misrepresentations as to turnover - judgment entered against corporation ~ question of liability of its Managing director - primary offence requiring no mens rea - whether 'liability of director absolute ~- "involvement" and "participation" in the commission of the primary offence - whether he was aware or had reason to suspect information incorrect - meaning of "aider or abettor" and "person knowingly concerned" - actual or constructive
knowledge required - structure of s.75B.
TRADE PRACTICES ACT 1974 ss. 75B, 82(1) and 52
Johnson v Youden [1950] 1 K.B. 544 [1950] 1 All E.R. 301 Reg v Glennan (1970) 91 W.N. (N.S.W.) 609
Lenzi v Miller [1965] S.A.S.R. l
considered.
MILES RICHARD YORKE and SUE ELIZABETH YORKE v. ROSS LUCAS PTY. LTD; ROSS MELVILLE LUCAS; TREASUREWAY STORES PTY. LTD. and KEVIN THOMAS MAHONEY
Fisher J. Adelaide
10 February 1983
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No. S.A. G.38 of 1981
—~_— ewe
THE TRADE PRACTICES ACT 1974
BETWEEN:
MILES RICHARD YORKE and
SUE ELIZABETH YORKE
- and -
Applicants
ROSS LUCAS PTY. LTD. and
ROSS MELVILLE LUCAS and
TREASUREWAY STORES PTY. LTD. and
KEVIN THOMAS MAHONEY
ORDER
JUDGE MAKING ORDER
WHERE MADE 3
DATE
THE COURT ORDERS THAT:
Respondents
Pisher J. Adelaide
10 February 1983
1. The applicants' claims against the respondent
Ross Melville Lucas be dismissed.
2. The question of costs be reserved for further
consideration.
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. S.A. G.38 of 1981
) GENERAL DIVISION )
THE TRADE PRACTICES ACT 1974
BETWEEN:
MILES RICHARD YORKE and SUE ELIZABETH YORKE
Applicants - and -
ROSS LUCAS PTY. LTD. and
ROSS MELVILLE LUCAS and TREASUREWAY STORES PTY. LTD. and KEVIN THOMAS MAHONEY
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