Warren Halloran v Henry F. Halloran & Co. Pty Ltd [1984] FCA 422

CATCHWORDS Trade practices - misleading or deceptive conduct - representation of sponsorship or affiliation in connection with sale of land - applicant s father founder of real estate development business in 1890s - father's firm no longer in existence - father dead for over 309 years - purchase bv respondents in 1984 of shares in companies incorporated by father - reference in advertisement to advertiser as qroup of companies bearing father's name and of having been in business since 1906 - whether false ov misleading - whether representation of sponsorship or affiliation which did not

have.

Trade Practices Act 1974. ss. 52, 53A

WARPEN HALLORAN_ v._ HENRY EF. HALLORAN & CO. PTY LIMITED AND

ORS.

No. G360 of 1984 Ceram: Sheppard J. 3 December 1984

Svdnev

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

No. G360 of 1984

GENERAL DIVISION

wwe ew

BETWEEN :

WARREN HALLORAN

Applicank AND: HENRY F. HALLORAN & CO. PTY LIMITED AND ORS. Respondents ORDER JUDGE MAKING ORDER : Sheppard J. DATE OF ORDER : 3 December 1984 WHERE MADE : Svdnev

THE CONRT ORDERS THAT

1.

Leave be qiven to the applicant to amend his application

by:

(a) inserting after the words "Henrv F. Halloran & Co. Group" in para. 4/4) and para. Q9t(e) the words "under either of those names"

(b) inserting after the words, "An order that each

of." in para. 8 the words "the twentv-first respondent" Orders be made in terms of paras. 1, 2, 4 (as amended),

5. 8 (as amended>. 9 (as amended) and 10 of the

application.

The respondents pay the applicant's costs of the application.

The exhibits other than Exhibit E he returned to the persons from whose custody they were produced on or before 1 February 1985, if in the meantime no appeal has been lodded. Exhibit Eis not to be returned except

upon the order of a Judge of this Court.

IN THE FEDERAL COURT OF AUSTRALIA