Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v The Bio Enviro Plan Pty Ltd [2004] FCA 415
TRADE PRACTICES – misleading or deceptive conduct and false representations – worm farming schemes – orders to give effect to liability previously found – effect of bankruptcy of sixth and seventh respondents – grant of leave to take fresh steps – order in respect of lump sum costs – compensation orders – leave to discontinue representative application
Bankruptcy Act 1966 (Cth) s 58(3)(b) Trade Practices Act 1974 (Cth) ss 87(1), 87(1A) Federal Court Rules O 62 r 4(2)(c), O 62 r 4(2)(d) Property Law Act 1969 (WA) s 89 Gertig v Davies (2003) 85 SASR 226 followed Michel v Bullen (1818) 146 ER 749 cited Ryan v South Sydney Junior Rugby League Club Ltd [1975] 2 NSWLR 660 cited Sangar v Gardiner (1838) 47 ER 497 cited Thiess Watkins White Constructions Ltd (in liq) v Witan Nominees (1985) Pty Ltd [1992] 2 Qd R 452 cited Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201 cited
AUSTRALIAN COMPETITION & CONSUMER COMMISSION v THE BIO ENVIRO PLAN PTY LTD, BUYPLUS COMMODITIES BROKERS PTY LTD, GREENSTAR CO-OPERATIVE LIMITED, GREENSTAR MANAGEMENT PTY LTD, KEVIN ROBERT SMITH, PAUL ANTHONY HAIGH and TREVOR SAMPSON W208 of 2001
AUSTRALIAN COMPETITION & CONSUMER COMMISSION v THE BIO ENVIRO PLAN PTY LTD, BUYPLUS COMMODITIES BROKERS PTY LTD, GREENSTAR CO-OPERATIVE LIMITED, GREENSTAR MANAGEMENT PTY LTD, KEVIN ROBERT SMITH, PAUL ANTHONY HAIGH and TREVOR SAMPSON W92 of 2003 RD NICHOLSON J 7 APRIL 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W208 of 2001
W92 of 2003
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: THE BIO ENVIRO PLAN PTY LTD
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