Federal Court of Australia
CATCHHORDS
Trade Practices Act - misleading and deceptive conduct -
forecast of expected profit released to shareholders of the company - Torecast released in an atmosphere or uncertainty and market instability due in part toa takeover orrer - whether rorecast contained misrepresentations ~- whether the company was satisfied that the forecast reflected its real expectation of profit and also believed the forecast to be
based on reasonable grounds.
Trade Practices Act 1974 - 5.52.
BELL RESOURCES LTD. & ANUR v. THE BROKEN HILL PROPRIETARY
COMPANY LIMITED & ORS
VG NO. 72 of 1986
Smithers J.
27 May 1986
Melbourne.
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fe es ep : uno bwee 2
IN THE FEDERAL COURT wE AUSTPALTA
GENERAL DIVISION
VICTORTA DISTRICT REGISTPY
Between:
And:
Judge Making Urder: smithers J. Date of Order: 27 May 1986
Where Made: Melbourne,
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The application be dismissed.
VO No. /2 of 1986
BELL RESOURCES LTD, and BELL RESOURCES HOLDINGS PTY. LTD.
(Applicants)
THE BROKEN HILL PROPRIETARY COMPANY LIMITED, JAMES SCHOFIELD BALDERSTONE and BRIAN THORLEY LOTON
(Respondents)
2. The applicants to pay the respondents' costs of the
proceedings, including reserved costs.
NOTE: Settlement and entry of
erders 15 dealt
with in Order 36 of the Federal Court
Rules.
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eS we
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acan
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i pan Oe a
CM THE FEDERAL CuURT OF AUSTRALIA }
GENERAL DIVISTON VG No. 72 or 1986
) ' ' VICTOPIA DISTRICT REGISTRY )
Between: BELL RESOURCES LTD. and
BELL RESOURCES HOLDINGS PLY. LTD.
(Applicants?
roe fed
THE BROKEN HILL PROPRIETARY COMPANY
LIMITED, JAMES SCHOFIELD
BALDERSTONE and BRIAN THOPLEY LOTON
(Respondents)
Coram: Smithers J.
Date: 27 May 1986
REASONS FOR JUDGMENT
The applicant alleges against the respondent company The Broken H11L Proprietary Company Limited (BHP) and the two personal respondents that on 2L March 1986 the company engaged in conduct that was misleading and deceptive and in
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