Federal Court of Australia
LIMITED DISTRIBUTION
Trade Practices - misleading or deceptive conduct - representations made as to method of loan, available credit and subsequent disapproval of proposed sale - sale by mortgagee challenged - application for ainterzm injunction restraining
mortqagee's use of powers, particularly power of sale
Land Law - power of sale under demand mortgage
Trade Practices Act 1975 s.52 Transfer of Land Act 1893 (W.A.) ss.106, 107, 108
BARRY FENTON JONES and SHIRLEY JOY JONES - _- and BARRY FENTON JONES and SHIRLEY JOY JONES -
AS TRUSTEES OF THE CLIFDEN TRUST - ote — and B.F. JONES & CO. and YULLAH PTY. LTD.
Vv.
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED - . . and H.C. and $.P. HALLET
No. WA G2 of 1987
TOOHEY J. PERTH
12 JANUARY 1987
IN THE FEDDRAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G2 of 1987
we we ee
BETWEEN:
BARRY FENTON JONES and SHIRLEY JOY JONES First Applicants
and
BARRY FENTON JONES and SHIRLEY JOY JONES AS TRUSTEES OF THE CLIFDEN TRUST Second Applicants
and
B.F. JONES & CO. Third Applicant
and
YULLAH PTY. LTD. Fourth Applicant
and
AUSTRALIA AND NEW ZEALAND RANKING
GROUP LIMITED . ' First Respondent
/
and y
H.C. and S.P. HALLET - Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J.
DATE OF ORDER: 12 January 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The application is dismissed.
2.
The applicants pay the costs of the first respondent and
the second respondent to be taxed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
of
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G2 of 1987
wee ee
BETWEEN:
BARRY FENTON JONES and SHIRLEY JOY JONES First Applicants
and
BARRY FENTON JONES and SHIRLEY JOY JONES AS TRUSTEES OF THE CLIFDEN TRUST Second Applicants
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