James, K.F.D. v. Australia & New Zealand Banking Group Ltd & Ors [1986] FCA 50

1 Jl Verery

Trade PraclLices - misleading or deceptive conduct - claims under ss.8Z ana 87 otf Trade Practices Act and accrued turisdiction - alleaved representations as to avaiiabilitv ot loan to finance purchase of farming propertv - summarv of principles relating to representations as to future and as to intention or state ot mind in s.52 claims - respondent company round to have contravened s.52 ~ whether managing director of companv involved in contravention - effect upon claim for damages of 3 vear limitation period in s.82(2) - consideration of when cause of action arose - observations as to when assessment of damages may be referred to Registrar pursuant to Federal Court Rules 0.38 r.1- whether damages too remote - observations as to test of remoteness applicable to claim under s.82 - failure of applicants to reduce liabilities by sale of land - whether novus causa interveniens - whether relief sought under s.87(2)(d) subiect to limitation period in s.82(2) - alleqed neqligent mis-statement and undue anfluence - whether Court has jurisdiction to deal with pendent common law claims where trade practices claims statute barred.

Practice and Procedure ~ no case submission by two of three respondents - election not to call evidence - circumstances in which submission may be made - whether submission may only be made if by all respondents - whether distinction between submission of no case in law or on the evidence - effect of election upon right to cross-examine and final address in respect of case bv other respondent - observations on question of non-suit in Federal

Court.

Trade Practices Act 1974 ss.52, 75B, 82(2) and 87

KINGSLEY FREDERICK DAVID JAMES, JILL MAXINE JAMES, DAVID MAXWELL JAMES, PETER NORMAN JAMES, ANGUS KINGSLEY JAMES, YALLAMBEE PTY.

LTD. and OCKHAM PTY. LTD. v. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED and TAMAR MANAGEMENT PITY. UTD. and JOHN WELLS