Federal Court of Australia
"Toews. 7649 /$6_.
TPADE PRACTICHS - misleading and deceptive conduct - invitation to participate in raffle competition = free entry - $10,000 product prize advertised = $4,000 procuct prize offered to winner - no , $10,000 product in existence - no loss Jemonstrated - no damages
rs
recoverable under s.32 - application dismissed 9.20 r.2 - query
application of s.55
"Trade Practices Act 1974 s.52, s.54, s. 55, s.82
WENDY MCMAHON (MW) v WARREN EDMOND CRAWFORD AND PAUL DUNBAR
WAG 115 OF 1987
FRENCH J.
PERTH
24 DECEMBER 1987
IN THO FPDERAL CCuPT Of ALISTRALTA
WESTLURN AUS'TRALIAN DISTRICT REGISTRY GENERAL DIVISION
No. WAG 115 of 1937 BETWFON: WENDY McMAHON (iW) Anplicant
and
WARPEN CDMOND CPAWFORD and PAUL DUNRAP
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDEP: 24 DECEMBER 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
l. The application 1s dismissed.
2. The applicant to pay the respondents' costs of the
application.
3. Each party 1s to bear its own costs of the respondents'
motion.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
WESTEPN AUSTPALIAN
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY GFNFRAL DIVISION
NO. WAG 115 OF 1937 BETWEEN: WENDY McMAHION (MW) Applicant
and
WARREN fDMOND CRAWFORD and PAUL DUNBAR
Respondents
CORAM: FRENCH J.
24 December 1987
REASONS FOR JUDGMENT
This 18 a motion to strike out proceedings, for failure to disclose a reasonable cause of action, or on the basis that
they are an abuse of process.
The statement of claim discloses that the applicant 1s a married woman who resides in the state of Western Australia and that the respondents, who are natural persons, trade under the business name of "Trojan Domes" at Lesmurdie in Western Australia. It alleges that, for the purpose of inducing purchases of their products, the respondents were exhibitors at an exhibition known as the "West Australian Home Show" conducted annually at the Claremont Showgrounds from about 28 February to 8 March in each
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