Federal Court of Australia
IN THE FEDERSL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 222 of 1982
GENERAL DIVISION
Trade Practaces Act 1974
EDWINA ALICE BARTON
Prosecutor
WESTPAC BANKING CORFORATICON
Defendant
CORAM: SHEPPARD J. Qi a at i9g3 . (
REASONS FOR JUDGMENT
This is a prosecution instituted by the prosecutor for alleged breach by the defendant of s.58 of the Trade Practices act 1974 ("the Act"). Section 58 1s as follows:
"A corporation snall not, in trade or commerce, accept payment or other consideration for goods or services where at the time of the acceptance it antends -
{a) not to supply the goods or services; or
(b) to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted."
The defendant is a banking corporation. As an
adgunct to its banking pusiness it conducts a large
oe
travel business. Part of this business involves 1t in wholesaling tours, mostly overseas tours, to travel agents who retail the tours to their customers. In 1981-82 one series of tours which was available was known as the "Discovery" series, These were tours to various places in Asia, China and other places in what 1s known as the Orient. One such tour was known as "Discovery Holiday 526", It was included in a brocnure containing a number of "Discovery" tours. The itinerary was to Hong Kong, Penang, Kuala Lumpur, Kuéentan and Singapore. It was sald to be a tour which would extend for 16 days and 14 nights. It involved departure on a Saturday, that being the first day of tne tour, and return on a Sunday morning, the Sunday being the sixteenth day. A person taking this tour woula be away on 15 nights but the fifteenth would be spent in overnight travel from Singapore to Australia, On this basis 1t was apparently not included as one of the 14 nights. In circumstances more fully to be described a Mrs. Speirs in August 1981, through a travel agent, Century Plaza Travel, orderec the tour to depart on
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