Federal Court of Australia
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CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct - remedies - whether the application and statement of claim discloses a claim
under s.82 of the Trade Practices Act 1974 - declaration that
contract is void - order varying'contract - damages - appropriate orders where most members of a partnership venture succeed in
showing they have been misled, but one member fails.
COMPANIES ~ liability of directors to their company for conduct giving rise to the company's liability for damages under the Trade
Practices Act 1974.
.
Trade Practices Act 1974 ss.52, 82, 87(2)
Companies Act (Vic) 1961 s.124
JOHN BARRY COLLIER, PAUL ENGLAND & STAFF PTY LTD, FOURTH TURIKI PTY LID, HATTINGLEY PTY LTD,
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
J\ ' No. VG 44 of 1983 RECT" rn 200CT 35 | i Woodward J. FEDERAL COURT of ='! Melbourne Aang AA REGISTRY
17 October 1986
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 44 of 1983 ) )
GENERAL DIVISION
BETWEEN :
JOHN BARRY COLLIER, PAUL ENCLAND & STAFF PTY LTD, FOURTH TURIKI PTY LTD, HATTINGLEY PTY LTD, LINDSAY QUENTIN HOGG, K.A. LOYALL PTY LTD,
ROMANT PASTORAL CO PTY LTD and JAMES BRYAN FOSTER
Applicants and
ELECTRUM ACCEPTANCE PTY LTD (Receivers and Managers Appointed)
Respondent /Cross-Claimant TREVCR BURTON HUTTLEY First Cross-Respondent
EDWARD CHRISTIAAN SENT
Second Cross-Respondent BRIAN FORSHAW
Third Cross-Respondent JON DEAN WILSON
Fourth Cross-Respondent
MINUTES OF ORDER
COUPT: Woodward J.
DATE: 17 October 1986
PLACE: Melbourne
THE COURT ORDERS THAT:
Pursuant to s.87(2) of the Trade Practices Act 1974, the
lease agreement dated 29 June 1981 between the partners of Lazar Aviation and Electrum Acceptance Pty Ltd be varied so as to release the said partners from any further liability under the said agreement, whether
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