Steiner, John Raymond & Anor v Magic Carpet Tours Pty Ltd & Ors [1984] FCA 323

CATCHWORDS

TRADE PRACTICES - Alleged misleading conduct - Representation that reservation for accommodation made - Whether representation false - Inferences to be drawn from refusal of accommodation - Evidence as to the making of reservations - Nature of damages

recoverable under s.82.

TRADE PRACTICES ACT 1974 ss. 52, 82

JOHN RAYMOND STEINER AND LYNNE JANINE STEINER V MAGIC CARPET TOURS PTY LIMITED, FEASTS HOLIDAYS PTY LIMITED AND VALERIE JEAN IRELAND.

G.46 of 1983

WILCOX J 10 OCTOBER 1984 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

DATE:

PLACE:

WILCOX J 10 OCTOBER 1984 SYDNEY

wwe evn

No. G.46 of 1983

JOHN RAYMOND STEINER First Applicant

LYNNE JANINE STEINER Second Applicant

MAGIC CARPET TOURS PTY

First Respondent EASTS HOLIDAYS PTY LIMITED Second Respondent

VALERIE JEAN IRELAND Third Respondent EASTS HOLIDAYS Pry LIMITED

Cross Claimant

MAGIC CARPET TOURS PTY

First Cross Respondent

VALERIE JEAN IRELAND

Second Cross Respondent

BETWEEN : AND: LIMITED AND: AND LIMITED ORDERS

THE COURT ORDERS THAT: 1. Application and Cross-claim each be dismissed. 2. Order that the applicants pay the costs of each of the

respondents of the Application. No order for costs in relation to the Cross-claim. 3. Direct that the exhibits be handed out at the expiration

of 21 days unless in the meantime a Notice of Appeal has been

filed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.46 of 1983

GENERAL DIVISTON

BETWEEN : JOHN RAYMOND STEINER First Applicant

LYNNE JANINE STEINER

Second Applicant

AND: MAGIC CARPET TOURS PTY LIMITED

First Respondent

EAST HOLIDAYS PTY LIMITED

Second Respondent

VALERIE JEAN IRELAND

Third Respondent AND: BEASTS HOLIDAYS PTY LIMITED Cross Claimant

AND: MAGIC CARPET TOURS PTY LIMITED

First Cross Respondent

VALERIE JEAN TRELAND

Second Cross Respondent