Federal Court of Australia
CATCHWORDS ria, \ * PRACTICE AND PROCEDURE - TRADE PRACTICES - Application to strike out statement of claim - whether representation as to future promises or
conduct can be misleading or deceptive - especially if alleged damage is that representation erroneous - whether representation implied by law
can be misleading or false.
Trade Practices Act 1974: ss 51A, 52 and 53
CEDRIC CONSTRUCTIONS PTY. LIMITED Applicant
-v-
ELDER'S FINANCE & INVESTMENT CO. LIMITED First Respondent ELDER'S LENSWORTH FINANCE LIMITED Second Respondent
G 475 of 1986
CORAM: Einfeld J.
DATE: 17 June 1988
PLACE: Sydney
\
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION NEW SOUTH WALES DISTRICT REGISTRY
CORAM:
DATE: PLACE:
E
No. G 475 of 1987
eed
Between: CEDRIC CONSTRUCTIONS PTY LIMITED Applicant And: ELDER'S FINANCE & INVESTMENT
CO. LIMITED
First Respondent
ELDER'S LENSWORTH FINANCE LIMITED
Second Respondent
Einfeld J.
17 June 1988
Sydney
MINUTE OF ORDERS The amended Statement of Claim filed in these proceedings he struck out.
The applicant pay the costs of the first respondent.
Liberty to apply on four (4) days' notice within the next fourteen (14) days as to any other orders which should now be
made.
Settlement and entry of these orders is dealt with in accordance
with Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. G 475 of 1987
NEW SOUTH WALES DISTRICT REGISTRY
Between: CEDRIC CONSTRUCTIONS PTY LIMITED
Applicant
i
ELDER'S FINANCE & INVESTMENT CO. LIMITED
First Respondent
ELDER'S LENSWORTH FINANCE LIMITED
Second Respondent
CORAM: Einfeld J.
DATE: 17 June 1988
PLACE: Sydney
REASONS FOR JUDGMENT
In October 1986, Cedric Constructions Pty Limited (the applicant) commenced an action against Elder's Finance & Investment Co Limited (Elders) and Elder's lLensworth Finance Limited (Lensworth) seeking relief under the Trade Practices Act 1974 (the Act) on the basis of allegedly misleading, deceptive and false conduct under sections 52 and 53 of the Act.
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