Federal Court of Australia
CATCHWORDS
Trade Practices ~ Consumer protection - Alleged false or misleading statements concerning land - Action against individuals - Alleged statements made in course of telephone conversation following advertisement - Subsequent conversation at. appellants' home - Whether statements made "in trade or
commerce" — Consideration of what constitutes conduct
"in trade or commerce" for purposes of s.53A - Use of newspaper advertisements and use of telephone for conducting negotiations
not of itself something done in trade or commerce.
me ow t Te Ree
Trade Practices Act, ss.6(3), 53A(1)(b) _
RAYMOND LAWRENCE O'BRIEN and BARBARA ANNETTE O'BRIEN v. PAUL SMOLONOGOV and ADRIAN LAPARDIN
No. G186 of 1982
~~
Fox, Sheppard and Beaumont JJ. 17 November, 1983 Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
AND:
Judges making order: Date of order:
Where made:
THE COURT ORDERS THAT:
No. G186 of 1982
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
RAYMOND LAWRENCE O'BRIEN and BARBARA ANNETTE O'BRIEN
Appellants
PAUL SMOLONOGOV and ADRIAN, LAPARDIN \
Respondents
ORDER
Fox, Sheppard and Beaumont, JJ.' 17 Navember, 1983.
Sydney
1. The appeal be allowed.
2. The orders of the Court made on 1 October, 1982 be set
aside and in lieu thereof it be ordered that the application
dated 13 November, 1981 be dismissed with costs.
3. The respondents pay to the appellants their costs of
the appeal.
\!
nN
' ' IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES. DISTRICT REGISTRY '
'
GENERAL DIVISION 'No. G186 of 1992
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
'
BETWEEN: RAYMOND LAWRENCE O'BRIEN and BARBARA ANNETTE O'BRIEN _
Appellants , AND: PAUL SMOLONOGOV and' 7s meen ~ ** * RDRIANTHAPARDIN , Respondents t CORAM: Fox, Sheppard and Beaumont, JJ. DATED: 17 November, 1983.
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