Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stern v National Australia Bank Ltd [2000] FCA 294 TRADE PRACTICES – misleading or deceptive conduct – whether finding by primary judge that conduct of banker not misleading and deceptive could be challenged on ground that matters were not put to witnesses – whether representations actually made by bank were false – whether contrary to public policy that bank enforce judgment obtained in the United States. Trade Practices Act 1974 (Cth) ss 5, 52, 82, 87 Browne v Dunn [1894] 6 R 67 discussed Seymour v Australian Broadcasting Commission (1977) 19 NSWLR 219 referred to Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 considered In the marriage of L C and T C (1998) 23 Fam LR 75 at 82-83 referred to Thomas v van den Yssel (1976) 14 SASR 205 cited Flower & Hart (a firm) v White Industries (Qld) Pty Ltd (1999) 87 FCR 134 cited All State Life Insurance Co v Australia and New Zealand Banking Group Ltd (No. 33) (1996) 64 FCR 79 cited United States Trust Co of New York v Australia and New Zealand Banking Group Ltd (1995) 37 NSWLR 131 cited Fidelity Federal Savings and Loan Association v de la Cuesta 458 US 141 (1982) referred to Western Sling and Cable Co Inc v Hamilton 545 So 2d 29 (Ala 1989) referred to House v The King (1936) 53 CLR 499 cited Dart Industries Inc v Decor Corporation Pty Ltd (1993) 179 CLR 101 cited Re Wilcox; ex parte Venture Industries Pty Ltd (1996) 141 ALR 727 cited Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited
ILANA ELENKA STERN AND OTHERS v
NATIONAL AUSTRALIA BANK LIMITED N 1393 of 1999 HILL, O'CONNOR AND MOORE JJ 27 MARCH 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1393 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
BETWEEN: ILANA ELENKA STERN
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