Federal Court of Australia
ba
JUDGMENT No. ASVp mv
TRADE PRACTICES - misleading and deceptive conduct - attempted takeover of building society - new members including solicitors yolning to vote for party seeking to takeover - supplied with qualifying funds - letter to new members from Chairman - requiring statutory declaration funds not held in trust ~ letter suggests beneficial ownership condition of right to vote - injunctions sought relate to contractual cause of action - serious question to be tried - balance of convenience favours society - member has no personal interest in funds or vote - claim for interlocutory
relief dismissed.
CONSTITUTIONAL LAW - corporations power - whether limited to
trading or financial activities of trading or financial corporations - relationship of trading or financial activities to
conduct in trade or commerce.
Trade Practices Act 1974 s.4 Judiciary Act s.78B
Building Societies Act 1976 (WA) s.28
Orison Pty Ltd v Strategic Minerals Corporation NL (unrep. French J. 12/8/87)
Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468 Commonwealth v State of Tasmania (1983) 46 ALR 625
Actors and Announcers Equity Association of Australia v Fontana Films Pty Ltd (1982) 40 ALR 609
Huddart Parker & Co. Pty Ltd v Moorehead (1909) 8 CLR 330
JUDITH MAY WATSON V BRITISH BUILDING SOCIETY NO. WAG 81 of 1987
FRENCH J. 7 AUGUST 1987 PERTH
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
www ww
No. WAG 81 of 1987
BETWEEN: JUDITH MAY WATSON
Applicant
and BRITISH BUILDING SOCIETY
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 7 AUGUST 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
l. The claim for interlocutory relief is dismissed.
2. Costs reserved.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
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