Federal Court of Australia
CATCHWORDS
TRADE PRACTICES LAW - consumer protection - misleading and deceptive conduct or conduct that is likely to mislead or deceive - statements based on third party reports - whether statements adopted as true and represented to be true - effect of disclaimers.
Development Allowance Authority Act 1992 Melbourne City Link Act 1995 ss 1,6 Trade Practices Act 1974 ss 51A, 52, 80
Yorke v Lucas (1985) 158 CLR 661 James v Australia and New Zealand Banking Group Ltd (1986) 64 ALR 347 Industrial Equity Ltd v North Broken Hill Holdings Ltd (1986) 64 ALR 292 PHILLIP JAMES MOREY v TRANSURBAN CITY LINK LIMITED and CITY LINK MANAGEMENT LIMITED No VG 124 of 1996 NORTHROP J MELBOURNE 22 MAY 1996
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 124 of 1996 GENERAL DIVISION
B E T W E E N : PHILLIP JAMES MOREY Applicant A N D : TRANSURBAN CITY LINK LIMITED AND CITY LINK MANAGEMENT LIMITED Respondents
COURT: NORTHROP J PLACE: MELBOURNE DATE: 22 MAY 1996
MINUTES OF ORDER THE COURT ORDERS THAT:-
1. The application be dismissed. 2. The proceeding be adjourned to a date to be fixed for the purpose of settling the form of an order for costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 124 of 1996 GENERAL DIVISION
B E T W E E N : PHILLIP JAMES MOREY Applicant A N D : TRANSURBAN CITY LINK LIMITED AND CITY LINK MANAGEMENT LIMITED Respondents
Index to Reasons for Judgment Page 1. Statutory Basis and Structure 1 - 5
2. The Application 5 - 8
3. Structure and Content of Prospectus 8 - 23
4. Nature of Conduct Alleged to Contravene section 52 of the Trade Practices Act 23 - 28
5. Allegations made by the Applicant 28 - 37
6. Analysis of Applicant's Allegations 37 - 45
A The Group 3 and the Group 4 representations 37 - 41 B The Group 1 and the Group 3 representations 41 - 45
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