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Trade Practices - misleading and deceptive conduct - publication of a newspaper report concerning the applicant ~ whether report misled or deceived the relevant audience - whether report that
applicant charged with an offence likely to mislead readers into believing there was reasonable cause to suspect that the applicant Was guilty - test to be applied when considering whether conduct
contravenes 5.52 of the Trade Practices Act
Damages - observations on the scope of loss or damage recoverable
under 5.82 - whether damages to feelings and reputation recoverable Words and Phrases ~- "loss or damage"
Trade Practices Act 1974 ss. 52, 82
GEOFFREY BRABAZON v. WESTERN MAIL LTD No. WA Gl of 1984
TOOHEY J.
PERTH
14 MARCH 1985
ee
- tae
IN THE FEDERAL COURT
OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
~~ ern ww
BETWEEN:
GEOFFREY BRABAZON
Applicant
and
WESTERN MAIL LTD
Respondent
oO R D_E_ R
JUDGE MAKING ORDER
Toohey J.
14 March 1985
DATE OF ORDER
WHERE MADE, Perth
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's
application.
No. WA Gl of 1984
costs
of the
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA Gl of 1984
wee
BETWEEN:
GEOFFREY BRABAZON
Applicant
and
WESTERN MAIL LTD
Respondent
CORAM: TOOHEY J.
14 March 1985
REASONS FOR JUDGMENT The applicant is the secretary of the Kalgoorlie-Boulder
Racing Club. He took up that position in January 1982 and held it
until late 1983 when he was dismissed following his disqualification for 12 months under the rules of racing of The Western Australian Turf Club ("the WATC"). He was re-employed after the period of his disqualification and he still holds the
position of secretary.
The applicant seeks damages against the respondent for a contravention of 5.52 of the Trade Practices Act 1974. That contravention is said to have arisen from an article in The Western Mail of Saturday 27 November 1982. The article was quite short anda copy is attached to these reasons. It should be
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