Federal Court of Australia
b> CATCHWORDS
Trade Practices - misleading or deceptive conduct - insurance -
loss of insurance underwriting agency - inaccurate statements contained in telexes sent by disappointed insurance agent - whether permanent injunction should be granted - cross-claim alleging misleading or deceptive conduct - whether programme of deferral of insurance premiums by insurance broker misleading or deceptive - knowledge of officers of insurance agency company umputed to company - whether insureds misled or deceived - discretion to grant injunction when no toss sutfered by
cross-claimants or the public as a result of misleading conduct.
Tort - conspiracy and fraud - no evidence of combination or
fraudulent conduct.
Evidence - effect of failure of party to proceedings to give evidence. Contempt of Court - repetition of conduct in breach of
interlocutory injunctions - penalty to be applied.
Trade Practices Act 1974 ss.52, 75B
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD. and
RAYMOND BERTRAM BARTLETT.
and
GRAEME PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD. and
GRAEME PHILLIPS
and
GRAEME, PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD.
and GRAEME PHILLIPS
and
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD.,
RAYMOND BERTRAM BARTLETT, JOSEPH FRANCIS McNEANY,
CHRISTOPHER FRANK ALDERTON, MARY ROGERS AND LES CLARKE
No. VG 273 of 1984
Woodward J. Melbourne
20 December 1985
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
No. VG 273 of 1984
GENERAL DIVISION
BETWEEN ;
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD. and RAYMOND BERTRAM BARTLETT
Applicants and
GRAEME PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD. and GRAEME PHILLIPS
Respondents and
GRAEME PHILLIPS ROAD TRANSPORT INSURANCES PTY, LTD. and GRAEME PHILLIPS
Cross-Claimants and
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD., RAYMOND BERTRAM BARTLETT, JOSEPH FRANCIS McNEANY, CHRISTOPHER FRANK ALDERTON, MARY ROGERS AND LES CLARKE Cross-Respondents
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