Dillon, D.R. v Chin, L.L. [1987] FCA 365

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G57 to G61 of 1987 GENERAL DIVISTON )

BETWEEN: DANELLE DOBINSON DILLON

Applicant AND: LUKE LAWRENCE CHIN Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 19 JUNE 19987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The application for an order that Luke Lawrence Chin surrender his passport to an authorized officer of the Trade Practices Commission be dismissed.

Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules. [ej

FEDERAL court of

rey AUSTRALIA PAINCIPAL

REGISTRY A.

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G57 to G6l of 1987 GENERAL DIVISION )

BETWEEN: DANELLE DOBINSON DILLON

Applicant AND: LUKE LAWRENCE CHIN

Respondent

PINCUS J. 19 June 1987

EX TEMPORE REASONS FOR JUDGMENT

This 1s an application made in each of five matters for an order that the respondent, Luke Lawrence Chin, surrender his passport to an authorized officer of the Trade Practices Commission upon his arrival at Brisbane International Airport.

The principal matters are prosecutions under the Trade Practices

Act, the first of which is a sufficient sample.

It 1s alleged in a summons filed on 16 April 1987 that the respondent was guilty of an offence under s.79 of the Trade Practices Act 1974, in that he was knowingly concerned in a contravention of s.53(c) of the Act by Kingly Commodities (Qld.) Pty. Ltd., whereby Kaingly, in trade or commerce in connection with the promotion of the supply of services, represented that services had certain benefits which they did not

have. Particulars are given, the essence of which is that the

respondent offered to manage the investment by a named person of money in commodity futures by making misleading statements directed, speaking generally, to the question of the risk of loss, and to the part Kingly Commodities (Qld.) Pty. Ltd. would take in