Federal Court of Australia
CATCHWORDS
Trade Practices - Misleading and deceptive conduct - False representation by company in contract of purchase - Claim for amount of loss or damage suffered by reason of contra- vention of s.52 - Liability of managing director as an aider and abettor to the contravention - Liability as a "party to the contravention" - Construction and operation of s.75B - Meaning of any person "involved in" the
contravention.
Trade Practices Act 1974 ss. 52, 75B, 82
Crimes Act 1914 s.5
MILES RICHARD YORKE AND SUE ELIZABETH YORKE v. ROSS MELVILLE LUCAS
No. G11 of 1983
Bowen, C.J., Lockhart and Beaumont JJ. Sydney
23 September, 1983.
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. Gll of 1983
) GENERAL DIVISION ) -
ON APPEAL from a decision of the
Honourable Mr Justice Fisher made 16 September, 1982 and 10 February, BETWEEN: MILES RICHARD YORKE and SUE ELIZABETH YORKE
Appellants
AND: ROSS MELVILLE LUCAS Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., Lockhart and Beaumont JJ. DATE OF ORDER: 23 September 1983 WHERE MADE: Sydney THE COURT ORDERS THAT: - 1. The appeal be dismissed. 2. The appellants pay the respondent's costs of
the appeal.
tn a
TRALIA
IN THE FEDERAL COURT OF AU
SQUTH AUSTRALIA DISTRICT PEGISTRY
~wewr ee
GENEPAL DIVISION No. Gll of 198
LeS)
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN: MILES RICHARD VORKE and SUE ELIZABETH YORKE
Appellants
AND: 6
wa Ww
MELVILLE LUCRS
Respondent
COR&aM: Bewen, C.J., Lockhart and Beaumont, JJ.
DATED: 23 September, 1983.
REASONS FOR JUDGMENT
THE COURT: This appeal raises imoortant questions as to the
construction and operation of s.75B or che Trad: Draczices
Ast, 21974 '"thne Act'
, de
The appellants commenced proceedings in this Court claiming the amount of the loss or damage which they allegea
was suffered b
'g
them by the concuct or the respondent Ross Melviile Lucas and three others - Poss Lucas Pty. Comated., Treasureway Stores Pty. Limitec '""Tréasureway") ana Zevin Thomas Mahoney. The conduct was sara to ctorcravene 3.52 of the Act. Tre claim 'fcc damages 15 aaae cursuant to
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