Federal Court of Australia
Xv
CATCHWORDS
TRADE PRACTICES - Trade Practices Act 1974: s. 52 -
misleading and deceptive conduct - tenders for local government contract for disposal of nightsoil and effluent - contract subject to Industrial Award - representation as to calculation
of tender price,
Trade Practices Act 1974: s. 52.
Industrial Arbitration Act 1940 (N.S.W.): s. 63.
MERGEN HOLDINGS PTY. LIMITED v. GOSFORD CITY COUNCIL
and OTTO AUSTRALIA PTY. LIMITED
G455 of 1987
LOCKHART J.
14 OCTOBER 1987
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IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH WAL. DISTRICT ISTRY ) No. G455 of 1987 ) )
GENERAL DIVISION
BETWEEN: MERGEN HOLDINGS PTY. LIMITED Applicant
AND: GOSFORD CITY COUNCIL
First Respondent
AND: OTTO AUSTRALIA PTY. LIMITED
Second Respondent
JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 14 OCTOBER 1987 WHERE ORDER MADE: SYDNEY
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the costs of the first and second
respondents including reserved costs.
Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G455 of 1987 ) GENERAL DIVISION ) BETWEEN: MERGEN HOLDINGS PTY. LIMITED Applicant AND: GOSFORD CITY COUNCIL
First Respondent
AND: OTTO AUSTRALIA PTY. LIMITED
Second Respondent
14 October 1987 »
REASONS FOR JUDGMENT
LOCKHART J.
Mergen Holdings Pty. Limited ("Mergen") sues Gosford City
Council ("the Council") and Otto Australia Pty. Limited ("Otto") for
alleged contravention by the Council of sub-s. 52(1) of the Trade Practices Act 1974 ("the Trade Practices Act") with respect to conduct of the Council arising out of the calling and acceptance of tenders for the collection, removal and disposal of nightsoil and for the collection, removal and disposal of septic tank effluent, sullage, waste water and septic tank and septic closet contents ("effluent"),
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