Crystal Auburn Pty Ltd v I L Wollermann Pty Ltd [2000] FCA 913

FEDERAL COURT OF AUSTRALIA

Crystal Auburn Pty Ltd v I L Wollerman Pty Ltd [2000] FCA 913 CRYSTAL AUBURN PTY LTD, MARK CHARLES SIBERAS and KINGSLEY WILLIAM DAVIES v I L WOLLERMAN PTY LTD (t/as Wollerman & Associates), VALESPRING INVESTMENTS PTY LTD, MACLEAY PTY LTD, ROBIN BRUCE LAURIE and BARBARA JOAN LAURIE SUNDBERG J 6 JULY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 267 OF 1998

BETWEEN: CRYSTAL AUBURN PTY LTD (ACN 010 226 794)

FIRST APPLICANT

MARK CHARLES SIBERAS

SECOND APPLICANT

KINGSLEY WILLIAM DAVIES

THIRD APPLICANT

AND: I L WOLLERMANN PTY LTD (ACN 005 645 134)

(t/as Wollermann & Associates)

FIRST RESPONDENT

VALESPRING INVESTMENTS PTY LTD (ACN 005 015 421)

SECOND RESPONDENT

MACLEAY PTY LTD (ACN 004 753 280)

THIRD RESPONDENT

ROBIN BRUCE LAURIE

FOURTH RESPONDENT

BARBARA JOAN LAURIE

FIFTH RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 6 JULY 2000

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT: 1. The first, second and third respondents have engaged in misleading and deceptive conduct in contravention of s 52 of the Trade Practices Act 1974.

2. The fourth and fifth respondents were involved in the contravention.

THE COURT ORDERS THAT: 1. The loss or damage suffered by the applicants as a result of the contravention be assessed by a Registrar in default of agreement.

2. The respondents pay the applicants' costs of the application including any assessment. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 267 OF 1998

BETWEEN: CRYSTAL AUBURN PTY LTD (ACN 010 226 794)

FIRST APPLICANT