Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Consumer protection - Game of lotto - Coupon not validated in time for inclusion in draw - Coupon marked to select six winning numbers - Advertisements as to closing time of game - Whether advertisements misleading or deceptive or likely
to mislead or deceive - Measure of damages - Loss of a chance.
°
Trade Practices Act 1974 (Cth), s.52
Lotteries (Control) Act 1954 (W.A.), s.4(1)
Lotto Act 1981 (W.A.)
KERRY ELAINE TAYLOR & ANOR v. LOTTERIES COMMISSION
No. WA G 55 of 1985
Neaves J. 29 July 1987
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G 55 of 1985 ) )
GENERAL DIVISION
BETWEEN : KERRY ELAINE TAYLOR and VERNON BARRY TAYLOR Applicants AND: LOTTERIES COMMISSION Respondent MINUTE OF ORDER JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 29 July 1987 WHERE MADE : Canberra THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY No. WA G 55 of 1985
wee ww
GENERAL DIVISION
BETWEEN : KERRY ELAINE TAYLOR and VERNON BARRY TAYLOR
Applicants AND: LOTTERIES COMMISSION
Respondent
CORAM: Neaves J.
DATE: 29 July 1987
REASONS FOR JUDGMENT
The game of lotto, as conducted in Western Australia in May 1984 by the Lotteries Commission ("the Commission")
pursuant to the Lotto Act 1981 (W.A.) ("the Lotto Act"),
provides the setting for this claim for damages under the Trade
Practices Act 1974 (Cth) ("the Trade Practices Act"). The claim is brought by Kerry Elaine Taylor and her husband, Vernon Barry Taylor, ("the applicants") and is based on an allegation that the Commission, in trade or commerce, engaged in conduct that was misleading or deceptive or likely to mislead or deceive contrary to s.52 of the Trade Practices Act. The applicants claim that, by reason of that conduct on the part of the Commission, they were denied the opportunity to havea lotto coupon which had been prepared by Mrs Taylor on the morning of Thursday, 24 May 1984, included in those entitled to
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