Federal Court of Australia
GENERAL DIVISION
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. S.A. G.38 of 1981
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 KFVIN THOMAS MAHONEY
Respondents
ORDER JUDGE MAKING ORDER 3 Fisher J WHERE MADE : Adelaide DATE : 22 February 1983
THE COURT ORDERS THAT:
1. There be judgment for Miles Richard Yorke and Sue Elizabeth Yorke in the sum of Seventy three thousand dollars ($73,000) against the respondent Kevin Thomas Mahoney.
2. The question of costs payable by the respondent Kevin Thomas
Mahoney be reserved.
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
Respondents
FISHER J.
22 February 1983 REASONS FOR JUDGMENT
Bearing in mind certain delays which have unavoidably occurred I propose to give my decision in this matter at once. On this occasion Mr. Lambert has appeared on behalf of Mr. Mahoney and has, to my mind, said everything that can be said in the circumstances on his behalf. The position 1s that the applicants have requested me to enter judgment now against the respondent Kevin Thomas Mahoney, as an aider and abettor or a party knowingly concerned under section 75B of the Trade Practices Act 1974 and are asking me to enter
judgment against him for the amount of the damages previously assessed.
Earlier I had at the suggestion of the parties refrained from considering the position of Mr. Mahoney because the provisions of
section 75B of the Trade Practices Act 1974 were to be and have now
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