Hopkins, Ann v Seymour Softwoods Pty Ltd [1998] FCA 1419

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES - misleading or deceptive conduct - representations - pine plantation investment scheme - tax deductible investment - representations made in "roadshow" seminar, promotional material, prospectus and financial advice - first, second and third respondents interrelated companies - whether knowingly made relevant representations - whether financial adviser acted as agent of first, second and third respondents - representations as to future - whether reasonable grounds for making of representations - whether fourth respondent directly involved in relevant representations or whether "knowingly concerned" pursuant to s 75B of the Trade Practices Act 1974 (Cth) - whether respondents jointly and severally liable for damages and loss to applicant - whether contracts void ab initio.

REAL PROPERTY - validity of leases - whether necessary under Local Government Act 1919 (NSW) to seek council approval for subdivision of land - whether three leases for consecutive four year terms constitute one dealing - whether leases void or voidable - whether rent paid under mistake.

PRACTICE AND PROCEDURE - application to discontinue Cross-Claim by fourth respondent - whether basis for Cross-Claim - whether to grant leave to discontinue. Trade Practices Act 1974 (Cth) - ss 51A, 52, 73(1), 75B, 75B(1)(c), 82, 87 Corporations Law - s 1005 Local Government Act 1919 (NSW) - ss 4, 327, 331 Fair Trading Act 1987 (NSW) - ss 68, 72 Contracts Review Act 1980 (NSW) Misiaris v AFC Holdings Pty Limited (1988) 15 NSWLR 231 - referred to ANN HOPKINS -v- SEYMOUR SOFTWOODS LIMITED & Ors NG 3039 of 1996 FOSTER J 19 june 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3039 of 1996

BETWEEN: ann hopkins

Applicant

AND: SEYMOUR SOFTWOODS LIMITED (Controller Appointed) (ACN 007 055 889) FIRST RESPONDENT SINTOFF PTY LIMITED (Receiver Appointed) (ACN 006 621 487) SECOND RESPONDENT BERREMA FINANCE PTY LIMITED (Receiver Appointed) (ACN 005 982 605) THIRD RESPONDENT EQUUSCORP PTY LIMITED (formerly called EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 102 344) FOURTH RESPONDENT EQUUSCORP PTY LIMITED (formerly called EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 012 344) CROSS-CLAIMANT ANN HOPKINS CROSS-RESPONDENT