Federal Court of Australia
CATCHWORDS
Trade and commerce - trade practices - accepting payment for services where at time of acceptance corporation intends to supply services materially different from those in respect of which payment accepted - travel agency accepting payment for 14 day tour at time when could only provide 13 day tour - no evidence that servant accepting money knew that only 13 day tour could be provided - whether difference
between 13 day tour and 14 day tour material - Trade
Practices Act 1974, ss.58 and 85.
Practice and procedure - reservation by single judge of Federal Court of a question for the opinion of a
Full Court ~ consideration of principles upca which
Judge decides whether or not to refer such a question -
Federal Court of Australia Act 1976, sub-sec.25(6).
EDWINA ALICE BARTON v. WESTPAC BANKING CORPORATICN
No. G 222 of 1982
Coram: Sheppard J.
24 August, 1983 and 19 October, 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G 222 of 1982 GENERAL DIVISION 5
EDWINA ALICE BARTON
Prosecutor
WESTPAC BANKING CORPORATION Defendant
ORDER
JUDGE MAKING ORDER : Sheppard J.
DATE OF ORDER 19 October, 1983
oo
WHERE MADE Sydney
THE COURT ORDERS THAT
1. The information be dismissed. 2. The prosecutor pay tne defendant's costs of the
proceedings.
a
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. G 222 of 1982
GENERAL DIVISION Trade Practices Act 1974
EDWINA ALICE BARTON Prosecutor
WESTPAC BANKING CORPORATION
Defendant
CORAM: SHEPPARD J. 1G COtchar 19783
REASONS FOR JUDGMENT
On 24 August last I published reasons for my con- clusion that the information in this matter should be dismissed. I did not give effect to my conclusion because senior counsel for the prosecutor had asked me, if that should be my view, not tc enter judgment but to state a case or reserve a question or questions for con- sideration by a Full Court pursuant to sub-sec.25(6) of the Federal Court of Australia Act 1976. The reason for
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