Federal Court of Australia
CATCHWORODS
Trade Practices - proceedings under s.87(1A) - whether
instituted within limitation period prescribed by s.82(2) - accrual of cause of action - whether affected
by equitable principle relating to fraud
Trade Practices Act 1974 (Cth) ss.52, 80, 82, 83, 87 Crown Suits Act 1898 (WA) s.37
Limitation Act 1969 (NSW) s.55
Limitation of Actions Act 1958 (Vic) s.2?
Trade Practices Commission and Robert Sterling (1980) 28 ALR 497
Brown v dam Factory Pty Limited (1981) 35 ALR 79
Mister Figgins Pty Limited v Centrepoint Freeholds Pty Limited (1981) 36 ALR 23
Bulli Coal Mining Company v Osborne [£18997 AC 351
The Crown v McNeil (1922) 31 CLR 76
Gibbs v Guild (1882) 9 QBD 59
GEORGE FENECH and JULIAN FENECH v ROBERT STERLING
No. NSW G.97 of 1980
Davies, J 13 October 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY )
GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER
WHERE, MADE
THE COURT ORDERS THAT
) )
No. NSW G.97 of 1980
In the matter of The Trade Practices
Act 1974
GEORGE FENECH and JULIAN FENECH
Applicants ROBERT STERLING Respondent ORDER Davies, J 13 October 1983 3 Sydney : 1. The application be dismissed. 2. Leave be reserved to the
parties to apply for any
- order as to costs or
otherwise as may seem meet.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.97 of 1980 )
GENERAL DIVISION )
In the matter of The Trade Practices Act 1974
GEORGE FENECH and JULIAN FENECH
Applicants ROBERT STERLING Respondent REASONS FOR JUDGMENT 13 October 1983 DAVIES. J
On 21 February 1980, Mr Justice Lockhart gave judgment in 4 proceeding in the Federal Court of Australia brought by the Trade Practices Commission against Robert Sterling, a shareholder and managing director of Robert Sterling Pty Limited. The Trade Practices Commission had sought injunctions pursuant to s.80(1) of the Trade Practices Act 1974 to restrain Robert Sterling from
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