Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Alleged misleading conduct - Sale of caravan
park - Representations as to takings and profits - Representations as to application for closure of adjoining public
road ~ Whether representations made - Damages.
PRACTICE AND PROCEDURE - Application that Court call witness to enable cross-examination by both parties ~- Power of judge to cail witness over objection by one party - Circumstances in which power should be exercised - Evidence of false income tax returns ~ Reference of matter to taxation authorities ~ Incompetence by
solicitor handling transaction - Reference to Law Society.
Trade Practices Act 1974 ss.52, 53A, 59(1) and' (2), 75B, 82(1) Local Government Act 1919 (NSW) 3.317A
Petera Pty Limited v E A J Pty Limited (1985) ATPR 40-605, Coulson v Dishborough [18943 2 OB 316, Re Enoch and Zaretzk Bock and Co's Arbitration £1910] 1 KB 327, Titheradge v The King (1917) 24 CLR 107, The King v Jenkins; Ex parte Morrison [£19493 VLR 277, £19493 VLR 296, (1949) 80 CLR 626, Rv Damic £19821 2 NSWLR 750, R v Apostilides (1984) 53 ALR 445, Whitehorn v The Queen (1983) 152 CLR 657, "Court Witnesses - A Desirable or Undesirable Encroachment on the Adversary System?" 56 ALJ 234 referred to.
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NSW G.7 of 1984 . QBACELO PIY LIMITED & ANOR v_ TAVERAFT PTY pinnied & ANOR 5
Wilcox J Po 7 JUN all '& Sydney . 13 June 1986 ay
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ra N UR' F AU: °
) ) SOUTH ES DISTRICT REGISTRY ) No. G.7 of 1984 ) G DIVISION )
. BETWEEN
OBACELO LIMI _ Pirst. Applicant
RICHARD THOMAS MOON Second: Applicant
.. AND: TAVERAPT PTY LIMITED First Respondent
GEOFFREY RAYMOND STONE
Second. Respondent
CORAM: WILCOX J
PLACE: . SYDNEY DATE: . .. 13 JUNE.1986 .
.. MINUTES, OF ORDER
THE COURT ORDERS THAT:
1. Judgment be entered in favour of the applicants . against each of the respondents in the sum of one. hundred and ninety six thousand seven hundred and twenty-five dollars and ninety-seven cents
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