Federal Court of Australia
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CATCHWORDS Practice and procedure - leave for agent, not being a legally
qualified practitioner, to appear on behalf of a company - 0.4
r.14 Federal Court Rules - the nature of the discretion pursuant to 0.4 r.14 - considerations taken into account in
deciding whether to exercise the discretion.
Trade Practices Act 1974
Federai Court Rules: 0.4 r.14
a J) C "
{ MOLNAR ENGINEERING PTY. LTD. v. B.J. BURNS >.
wo VG No. 146 of 1984 Ney pers o
Smithers, Sweeney and Keely JJ.
17 July 1984
Melbourne.
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JUDGMENT No, 221, S4-
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INTHE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG NO. 146 OF 1984
GENERAL DIVISION BETWEEN: MOLNAR ENGINEERING
PTY. LTD, (APPELLANT)
AND: E.J. BURNS
(RESPONDENT)
Judges Making Order: Smithers, Sweeney and Keely JJ.
Date of Order: 17 July 1984 Where Made: Melbourne. ORDER
THE COURT ORDERS THAT:
1. The appellant's appeal be dismissed.
2. The appellant pay the costs of and incidental to this
appeal.
JM__THE FEDERAL, COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY } ) )
GENERAL DIVISTON
CORAM: SMITHERS. SWEENEY AND KEELY JJ. 17_ JULY 1984
Smithers dv: This 1s an appeal from an
VG NO. 146 OF 1984
MOLNAR ENGINEERING
PrY,. LTD. (APPELLANT) E.J. BURNS (RESPONDENT)
ex tempore judament
of a single Judge or this Court refusing an application by
.
Molnar Engineering Pty. Ltd. (the comeany) that Mr. Frank
Molnar (Moinar) "be granted leave to appear on its behalf" in
proceedings brought by ait under tne Trade P
actices Act 1974.
lay
1]
The nature of the proceedings 18 desc
trial Judae as follows:-
coum QO
d by the Learned
"The application is based on an advertisement published in October 1982 in the Sun News Pictorial by The Herald & Weekly Times Ltd. in Which Mr. E.J. Buens, describina himself as the Chief Inspector of Lifts and Cranes, brings to the attention of owners and users or the Molnar Two Post Motor Vehicle Hoists. and to the public generally. that those hoists do not comply with the Lifts and Cranes Act 1967 and Reaqulations made thereunder and that in his opinion those hoists are unsate to be used. and requiring the owners and users of those noists to cease using the hoists immediately. The company claims that in publishing that advertisement The Herald & Weekly
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