Meager, Robert George & Ors v Champion, John Thomas & Anor [1997] FCA 746

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 433 of 1993 ) GENERAL DIVISION )

BETWEEN: ROBERT GEORGE MEAGER

First Applicant

GEOFFREY RONALD GOULD

Second Applicant

ALAN EDWARD LEWIS

Third Applicant

AND: JOHN THOMAS CHAMPION

First Respondent

INTERCONTINENTAL

INVESTMENT MANAGEMENT LIMITED

Second Respondent

JUDGE: BURCHETT J PLACE: SYDNEY DATED: 21 JULY 1997

REASONS FOR JUDGMENT

BURCHETT J In this matter I am satisfied that the respondent, John Thomas Charles Champion, who has not appeared, was served in accordance with the orders previously made by me. That is to say he was served with the orders requiring him to put in an appearance and take other steps if he desired to defend the proceeding, and he was served with the motion for judgment with which I am presently dealing and with the appropriate documents in support of that motion.

I am also satisfied that a case has been established, which I accept in the absence of any contradiction from Mr Champion, that breaches of s 52 of the Trade Practices Act 1974 occurred, in which he was involved in the relevant sense as indicated by the provisions of that statute, and that as a result of those misrepresentations the sums of money shown in the various affidavits of group members were paid out and have been lost. I am satisfied that it is appropriate to enter a verdict in favour of the first applicant, as representative for the group members named in the application, in the sum of $834,206.15. In fact, somewhat more than that amount has been proved, but the group members are content to seek a verdict only for the amount that I have mentioned. In those circumstances, I make the orders contained in the short minutes of order which have been submitted, subject to the alterations that I have made in ink. I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of his Honour Justice Burchett. Associate: Date: 4 August 1997 Solicitor for the Applicants: Brian Wingett Date of hearing: 21 July 1997