Callinan, Keith W (Applicant) v Gilro-E R G Pty Ltd (First Respondent) and Ors [1996] FCA 986

CATCHWORDS TRADE PRACTICES - misleading or deceptive conduct - alleged inducement to enter contract of employment - whether applicant relied on representations - applicant's knowledge of and enthusiasm for prospects of company - statements of hope compared with assertions of fact - question of intention to aid, abet, counsel or procure.

COSTS - time lost as a result of adjournment and late withdrawal of a serious allegation - reduction in award of costs. Trade Practices Act 1974 (Cth) Barto v GPR Management Services Pty Limited (1991) 33 FCR 389 Yorke v Lucas (1985) 158 CLR 661 Gould v Vaggelas (1985) 157 CLR 215 No VG 308 of 1994

KEITH W CALLINAN Applicant - and - GILRO-E R G PTY LTD First Respondent - and - ROBERT ARDEN HIGGINBOTTOM Second Respondent - and - REG GILLIE Third Respondent O'Loughlin J Melbourne 15 November 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 308 of 1994 ) GENERAL DIVISION ) B E T W E E N:

KEITH W CALLINAN Applicant - and - GILRO-E.R.G. PTY LTD First Respondent - and - ROBERT ARDEN HIGGINBOTTOM Second Respondent - and - REG GILLIE Third Respondent MINUTES OF ORDER CORAM: O'Loughlin J PLACE: Melbourne DATE: 15 November 1996 THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant is to pay 80% of the second respondent's costs which are to be taxed in default of agreement. 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 308 of 1994 ) GENERAL DIVISION ) B E T W E E N: KEITH W CALLINAN Applicant - and - GILRO-E.R.G. PTY LTD First Respondent - and - ROBERT ARDEN HIGGINBOTTOM Second Respondent - and - REG GILLIE Third Respondent REASONS FOR JUDGMENT CORAM: O'Loughlin J PLACE: Melbourne DATE: 15 November 1996