Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hai Quan Global Smash Repairs v Ledabow Pty Ltd [2004] FCA 1224
TRADE PRACTICES – misleading conduct – silence Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31, followed Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 79 ALR 83, followed Costa Vraca v Berrigan Weed Pest Control Pty Ltd (1998) 155 ALR 714, distinguished Trade Practices Act 1974 (Cth), ss 52, 75B HAI QUAN GLOBAL SMASH REPAIRS PTY LTD & ORS v LEDABOW PTY LTD & ANOR N418 of 2002 MADGWICK J 17 SEPTEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N418 of 2002
BETWEEN: HAI QUAN GLOBAL SMASH REPAIRS PTY LTD
FIRST APPLICANT
HAI QUOC DANG
SECOND APPLICANT
VAN QUAN DANG
THIRD APPLICANT
AND: LEDABOW PTY LTD
FIRST RESPONDENT
HARALAMBOS HANDRINOS
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 17 SEPTEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave is granted to further amend the Statement of Claim to allege breach of s 52 of the Trade Practices Act 1974 (Cth) by the second respondent's conduct including silence.
2. The Statement of Claim is deemed to be so amended.
3. Judgment for the applicants in the amount of $56,850.
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 N418 of 2002
BETWEEN: HAI QUAN GLOBAL SMASH REPAIRS PTY LTD
FIRST APPLICANT
HAI QUOC DANG
SECOND APPLICANT
VAN QUAN DANG
THIRD APPLICANT
AND: LEDABOW PTY LTD
FIRST RESPONDENT
HARALAMBOS HANDRINOS
SECOND RESPONDENT
JUDGE: MADGWICK J
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