Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - Consumer Protection - misrepresentations made in course of lectures - sponsoring organisation charging admission fee and making videotape and audio cassette recordings of lectures for sale - subject matter of lectures of scientific, religious and historical interest - lecturer unpaid - whether lecturer made misrepresentations "in" trade or commerce - whether lecturer made misrepresentations "in" a business activity. WORDS AND PHRASES - "in trade or commerce" Fair Trading Act 1987 (NSW) ss 4 ("trade or commerce", "business"), 42 Trade Practices Act 1974 (Cth) s 52 Re Ku-ring-Gai Co-operative Building Society (No 12) Ltd (1978) 36 FLR 134 (considered) Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 (applied)
O'Brien v Smolonogov (1983) 53 ALR 107 (considered)
Durant v Greiner(1990) 21 NSWLR 119 (referred to)
Prestia v Aknar (1996) 40 NSWLR 165 (referred to)
IAN RUTHERFORD PLIMER v ALLEN ROBERTS & ANOR
ng 480 OF 1997
DAVIES, BRANSON, LINDGREN JJ
5 DECEMBER 1997
sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 480 of 1997
On appeal from a judge of the federal court of australia
BETWEEN: IAN RUTHERFORD PLIMER
AppELLANT
AND: ALLEN ROBERTS
First Respondent
ARK SEARCH ASSOCIATION INC
Second Respondent
JUDGEs: DAVIES, BRANSON, LINDGREN JJ
DATE OF ORDER: 5 DECEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the 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
NEW SOUTH WALES DISTRICT REGISTRY ng 480 of 1997
On appeal from a judgment of a judge
of the Federal Court of Australia
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