Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dataflow Computer Services Pty Ltd v Goodman [1999] FCA 1625 MISLEADING AND DECEPTIVE CONDUCT – in trade or commerce – whether a person not carrying on a business can engage in conduct in trade or commerce
WORDS AND PHRASES – "in trade or commerce" Trade Practices Act 1974 ss 6(3)(a) and 52 Federal Court Rules O 15A and O 62 r 19 Supreme Court Rules 1970 (NSW) Pt 52A r 26 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 discussed and applied Plimer v Roberts (1997) 150 ALR 235 considered Fasold v Roberts (1996) 70 FCR 489 considered Robin Pty Limited v Canberra International Airport Pty Ltd [1999] FCA 1019 not followed Tobacco Institute of Australia Ltd v Woodward (1993) 32 NSWLR 559 not followed Firewatch Australia Pty Ltd v Country Fire Authority [1999] FCA 761 referred to Advanced Hair Studio Pty Ltd v TVW Enterprises Ltd (1987) 18 FCR 1 referred to Sedgwick Ltd v Bain Clarkson Ltd (1995) 129 ALR 493 cited Airservices Australia v Transfield Pty Ltd [1999] FCA 886 cited Comcare v Labathas (1995) 61 FCR 149 cited
DATAFLOW COMPUTER SERVICES PTY LIMITED v SCOTT GOODMAN N 573 OF 1999 HELY J 25 NOVEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 573 OF 1999
BETWEEN: DATAFLOW COMPUTER SERVICES PTY LIMITED
Applicant
AND: SCOTT GOODMAN
Respondent
JUDGE: HELY J
DATE OF ORDER: 25 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Application dismissed with 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 N 573 OF 1999
BETWEEN: DATAFLOW COMPUTER SERVICES PTY LTD
Applicant
AND: SCOTT GOODMAN
Respondent
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