Federal Court of Australia
IN THE" FEDERAL COURT' OF AUSTRALIA
wee - eo. . - - . }
" NEW SOUTH WALES "DISTRICT REGISTRY } No. G166 of 1983 ) )
" GENERAL" DIVISION
° BETWEEN: . BILL ACCEPTANCE' CORPORATION * LIMITED Applicant "AND: ° GWA LIMITED Respondent
"CORRIGENDUM
Amendment to the judgment of his Honour Mr Justice
Lockhart of 21 October 1983 —
Page 8 line 1 delete "face" insert "faith"
25 October 1983
- AVC." CLARKE ASSOCIATE TO LOCKHART' J,
CATCHWORDS
Trade Practices - Consumer protection - Misleading and deceptive conduct - Whether representations or statements as to future conduct, not misleading or deceptive at the time of making, can be misleading or deceptive on the failure of future events coming to pass - Time that nature of representation is to be determined - Whether s. 52 may be breached notwithstanding the absence of an intent to mislead or
deceive on the part of contravenor,
Practice and Procedure - Strike out application - Principles to be
applied - Application granted.
Trade Practices Act 1974, s. 52
BILL ACCEPTANCE CORPORATION LIMITED V. GWA LIMITED
NO. G166 OF 1983
LOCKHART J. SYDNEY
21 OCTOBER 1983
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G166 of 1983
GENERAL DIVISION
BETWEEN : BILL ACCEPTANCE CORPORATION LIMITED Applicant AND: GWA LIMITED Respondent ORDER
JUDGE MAKING ORDER LOCKHART J.
DATE OF ORDER: 21 OCTOBER, 1983 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The statement of claim be struck out.
2. The application stand adjourned to a date to be fixed to
hear evidence and argument on the question of costs and
generally.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G166 of 1983
wee ww
GENERAL DIVISION
BETWEEN : BILL ACCEPTANCE CORPORATION LIMITED Applicant AND: GWA LIMITED Respondent
LOCKHART J. .
21 October, 1983
REASONS FOR JUDGMENT
This case raises a novel question concerning the construction and ambit of s.52 of the Trade Practices Act 1974 ("the Act"). The question arises in a motion by the respondent, GWA Limited, to strike
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