Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Grant [2000] FCA 1564 TRADE PRACTICES - alleged contraventions of ss 52 and 59(2) of the Trade Practices Act 1974 (Cth) - respondent a director of a franchiser Furniture Wizard Pty Ltd - franchiser made a number of representations in advertisements, information pamphlets and orally concerning the viability of the franchises - franchisees relied on representations in purchasing the franchises - whether representations were misleading and deceptive in the context of the Trade Practices Act 1974 (Cth) - whether the respondent intentionally aided or abetted or was an intentional participant in the contravention of the Trade Practices Act 1974 (Cth) within the meaning of s 75B(1). Federal Court of Australia Act 1976 (Cth) s 52 Trade Practices Act 1974 (Cth) ss 52, 59(2), 75B(1), 80, 87 Federal Court Rules O 35 r 8 Yorke v Lucas (1985) 158 CLR 661 followed Giorgianni v The Queen (1985) 156 CLR 473 followed Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 57 ALR 167 followed Browne v Dunn (1893) 6 R 67 followed Reid v Kerr (1974) 9 SASR 367 followed Precision Plastics Pty Ltd v Demir (1975) 132 CLR 362 followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v STEPHEN FREDERICK GRANT S 91 OF 1999 MANSFIELD J 9 NOVEMBER 2000 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 91 OF 1999
BETWEEN: AUSTRALIAN COMPETITION AND
CONSUMER COMMISSION
APPLICANT
AND: STEPHEN FREDERICK GRANT
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 9 NOVEMBER 2000
WHERE MADE: ADELAIDE
THE COURT DECLARES THAT: (1) Stephen Frederick Grant aided and abetted and was directly concerned in contraventions of ss 52 and 59(2) of the Trade Practices Act 1974 (Cth) by The Furniture Wizard Pty Ltd in the course of selling franchises or rights for the distribution of services to Gino Cepon, Brian Wood and Patricia Wood, Stephen Kingham and Kerry Kingham, and Barry McIntyre and Roslyn McIntyre, by making representations concerning:
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