Federal Court of Australia
CATCHWORDS
TRADE PRACTICES Misleading and deceptive conduct - applicability of s.52 of the Trade Practices Act to statements made in the course of a commercial
transaction not involving a "consumer" - claim in the accrued jurisdiction for breach of contract.
Interest Power of the Ccurt to order payment of interest up tc judgment prior to the operat
s.S1IA cf the Federal Court Act - whether "loss or damage" in 2.82 of the Trade Practices Act may include a component representing 1033 of interest cn moneys
not received - whether s.79 of the cCudiciary; Act Operates to pick up s.94 of ths Supreme Court Act 1270
(NSW) and provide a scurce of pcwer tc the Csurt tc order interest up to judgment.
Words and Phrases "loss or damage"
Trade Practices Act 1374 3.52, 32 Judjciary Act 1903 3.79 Supreme Court Act 1370 'NSW) 3.94
IN THE FEDERAL COURT OF AUSTRATIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
AND:
wm ee
No. G.165 of 1986
CORPORATE VENTURES PIY.LTL.
Applicant
TAN TURNER & PARTNERS PIY.£TD.
Respencent MINUTE OF ORDER
JUDGE MAKING OSDER Gummow J DATE OF °PDER 3 14 May 1987 WHERE MADE 5 Sydne; THE COURT ORDERS THAT:
1. There be judgment fcr the Applicant in the sum of
$12,452.21. a. The Respondent pay the Applicant's ccsts.
: Settlament and entry
Order 26 of the Federal
tl
Masters v. Cameron (1954) 931 CLR 253 referred to. Akron Tyre Co.Pty.Ltd. v. Kittson (1951) 82 CLR 477
referred to.
Newlands v. Argyll General Insurance Co. Ltd. (1959) 59 SR (NSW) 130 referred to.
Trollope and Colls Ltd. v. Atomics Power Construction Ltd. £1963] 1 WLR 333 referred to.
e Pty. Ltd. v. Lubidineuse (1985) 59 ALR 234 referred to. Brown v. Riverstone Meat Co.Pty. Ltd. £19851 ATPR 46, 674 referred to. State Bank of New South Wales v. Commonwealth Savings Bank of Australia (1986) 67 ALR 123 applied. Gates v. City Mutual Life Assurance Society (1986) 690 ALJR 239 referred to. Sanrod Fty Ltd v. Dainford (1984) ATPR 45,249 followed. Simonius Vigcher and Co. v. Holt and Thompecn £12379] 2 NSWLR 322 referred tc.
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