Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TRADE PRACTICES – misleading or deceptive conduct – representations as to launch date for new bank note to be issued by Reserve Bank – whether representations as to a "future matter" –– whether reasonable grounds for representations – whether reliance must be "reasonable" – whether "in trade or commerce"
Trade Practices Act 1974 (Cth) s 51A
Ting v Blanche (1993) 118 ALR 543 applied Miba Pty Ltd v Nescor Industries Group Pty Ltd (1996) 141 ALR 525 applied Bowler v Hilda Pty Ltd (1998) 153 ALR 95 mentioned Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 applied Fasold v Roberts (1997) 70 FCR 489 at 531 mentioned Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 42 FLR 331 mentioned Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546 mentioned Sutton v A J Thompson Pty Ltd (in liq) (1987) 73 ALR 233 mentioned Munchies Management Pty Ltd v Belperio (1988) 84 ALR 700 mentioned Herald & Weekly Times Ltd v The Commonwealth (1966) 115 CLR 418 mentioned O'Grady v Northern Queensland Co Ltd (1990) 169 CLR 356 mentioned Jacques v Cut Price Deli Pty Ltd (1993) ATPR (Digest) 46‑102 considered
HEEREY, SUNDBERG and EMMETT JJ
6 NOVEMBER 1998
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
new south wales DISTRICT REGISTRY ng 1116 of 1997
BETWEEN: PETER SYKES
FIRST APPELLANT
BEVERLEY MAY SYKES
SECOND APPELLANT
POLYBANK PTY LIMITED
THIRD APPELLANT
AND: RESERVE BANK OF AUSTRALIA
Respondent
JUDGES: HEEREY, SUNDBERG AND EMMETT JJ
DATE OF ORDER: 6 NOVEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The matter be remitted to the primary judge for the determination of the matters which, on the view his Honour took, did not need to be decided. 3. The respondent pay the appellants' costs of the appeal, including reserved costs. 4. The costs of the trial be reserved for the consideration of the primary judge upon the conclusion of the further hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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