Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct - partnership formed to lease aircraft under a taxation reduction scheme - application by partnership members to set aside lease and for damages - common law claims for breach of warranty, misrepresentation and conspiracy - aircraft damaged in accident and unfit for use at time lease entered into - whether partners induced to enter scheme on the basis of false or misleading representations by promoters - representations as to fitness for use arising by necessary implication from nature of scheme - liability for representations as to future events or conduct -
non-disclosure of altered circumstances amounting to misleading or deceptive conduct - liability of lessor company formed after
original representations made - adoption of representations - whether conduct engaged in on behalf of body corporate under s.84(2) - whether lessor company "involved in" contravention of Act under s.75B - consequences of partner's knowledge of altered
circumstances - whether sufficient notice to partnership.
Income Tax Assessment Act 1936 ss.82AA, 82AD, 82 AQ(1)
Trade Practices Act 1974 ss.4(2),52,53,75B,84(2) ,87
Partnership Act 1958 (Vic) s.20
Recewed F mary (46 J
By y
JOHN BARRY COLLIER, PAUL ENGLAND & STAFF PTY LTD, FOURTH TURIKI PTY LTD, HATTINGLEY PTY LID, LINDSAY QUENTIN HOGG, K.A. LOYALL PTY LTD, ROMANI PASTORAL CO PTY LTD and JAMES BRYAN FOSTER
and
ELECTRUM ACCEPTANCE PTY LTD (Receivers and Managers Appointed)
and
TREVOR BURTON HUTTLEY
EDWARD CHRISTIAAN SENT
BRIAN FORSHAW JON DEAN WILSON No. VG 44 of 1983
Woodward J. Melbourne 6 May 1986
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 44 of 1983 ) GENERAL DIVISION )
BETWEEN :
JOHN BARRY COLLIER, PAUL ENGLAND & STAFF PTY LTD, FOURTH TURIKI PTY LTD, HATTINGLEY PLY LTD,
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate