Federal Court of Australia
JUDGMENT No. !99. 1. BB
CATCHWORDS
TRADE PRACTICES - misleading and deceptive conduct - investment advice - gold mining venture - certainty of return of premiums on special units in unit trust - implied representations - no facts to justify - accessorial liability where accessory's conduct is
principal's contravention - position of investment advisers with
interest in investment.
Trade Practices Act 1974 s.52, s.75B(1) Federal Court of Australia Act s.51A
Yorke v Lucas (1985) 61 ALR 307
COLIN FREDERICK WRIGHT and MAUREEN MARGARET WRIGHT v WHEELER GRACE & PIERUCCI PTY LTD, ROBERT JOSEPH PIERUCCI, GLENN JOHN WHEELER, MICHAEL JAMES GRACE and PETER FRANCIS COLLINS
No. WAG [2)
FRENCH J. PERTH 22 April 1988
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY
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No. WAG 108 of 1986
BETWEEN: COLIN FREDERICK WRIGHT Pirst Applicant
MAUREEN MARGARET WRIGHT
Second Applicant and WHEELER GRACE & PIERUCCI PTY LTD First Respondent ROBERT JOSEPH PIERUCCI Second Respondent GLENN JOHN WHEELER Third Respondent MICHAEL JAMES GRACE Fourth Respondent and PETER FRANCIS COLLINS
Fifth Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 22 APRIL 1988
WHERE MADE: PERTH
THE COURT ORDERS THAT:- 1. There be judgment for the first applicant against the
first respondent in the sum of $2,554.05.
2.
There be judgment for the second applicant against the first respondent in the sum of $2,554.05.
The application be dismissed as against the second, third, fourth and fifth respondents.
costs.
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
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No. WAG 108 of 1986 BETWEEN: COLIN FREDERICK WRIGHT First Applicant MAUREEN MARGARET WRIGHT Second Applicant and WHEELER GRACE & PIERUCCI PTY LTD First Respondent ROBERT JOSEPH PIERUCCI Second Respondent GLENN JOHN WHEELER Third Respondent MICHAEL JAMES GRACE Fourth Respondent
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