Rizzo, P.A. v Wall, J. (nee Craig) [1987] FCA 717

SUDGMENT No, J} 77 B87

CATCHWORODS

TRADE PRACTICES - unsolicited services - solicitation procured by alleged deceit - whether "unsolicited" - whether services to be supplied in future covered.

TRADE PRACTICES - representation that affiliated with publication - no publication of that name - whether representation as_ to origin of publication one of "affiliation".

Trade Practices Act 1974, ss.64(2A), 53(d)

Phillip Augene Rizzo

v. Joan Wall (nee Craig) Qld G133 and 137 of 1987

PINCUS J. BRISBANE 25 NOVEMBER 1987

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

BETWEEN :

AND: JOAN WALL (Nee CRAIG)

MINUTES OF ORDER

JUDGE MAKING ORDER:

DATE OF ORDER:

WHERE MADE:

THE COURT ORDERS THAT:

1.

2.

The summons in the dismissed;

The summons in the dismissed.

Settlement and entry of Order 36 of the Federal

PHILLIP AUGENE RIZZO

matter

matter

QLD G133 & 137 of 1987

Prosecutor

Defendant

PINCUS J. 25 NOVEMBER 1987

BRISBANE

G133 of 1987 be

G137 of 1987 be

orders is dealt with in Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G133 & 137 of 1987 GENERAL DIVISION )

BETWEEN: PHILLIP AUGENE RIZZO

Prosecutor

AND: JOAN WALL (Nee CRAIG)

Defendant

PINCUS J. 25 NOVEMBER 1987

EX TEMPORE REASONS FOR JUDGMENT

There are two prosecutions, nos. 133 and 137 of 1987 and

I shall deal with them in that order.

No. 133 1s an information reading as follows:

... that on or about the 14th day of October 1986 at 56 Currumburra Road, Ashmore in the State of Queensland, JOAN CRAIG trading as R & Jd PUBLICATIONS was guilty of an offence against Section 79 of the Trade Practices Act 1974 as amended in that the said JOAN CRAIG trading as R & J PUBLICATIONS did, in contravention of Section 64(2A) of the said Act, in trade or commerce by use of postal services assert a right to payment froma person for unsolicited advertisements without having reasonable cause to believe that there was a right to payment."