Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Attila Timar-Peregrin v The University of Melbourne [2007] FCA 742
TRADE PRACTICES – Appeal from decision of Federal Magistrate – Misleading or deceptive conduct – Representations as to employment – Appellant sought approval from a delegate of the Respondent to conduct a research project – Dispute of fact – Whether representations made by the Respondent in respect of the research project – Whether Federal Magistrate erred in failing to find that the representations had been made – Aspects of Appellant's pleaded case on appeal not raised at trial – No appellable error in Federal Magistrate's decision Federal Court of Australia Act 1976 (Cth) s 25(1)A Trade Practices Act 1974 (Cth) ss 51A, 52, 53B Water Board v Moustakas (1988) 180 CLR 491 referred to ATTILA TIMAR-PEREGRIN v THE UNIVERSITY OF MELBOURNE VID 695 OF 2005
TRACEY J
18 MAY 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 695 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ATTILA TIMAR-PEREGRIN
Appellant
AND: THE UNIVERSITY OF MELBOURNE
Respondent
JUDGE: TRACEY J
DATE OF ORDER: 18 MAY 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. 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 VID 695 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ATTILA TIMAR-PEREGRIN
Appellant
AND: THE UNIVERSITY OF MELBOURNE
Respondent
JUDGE: TRACEY J
DATE: 18 MAY 2007
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal from a Federal Magistrate. His Honour dismissed a claim that the respondent had contravened s 52 of the Trade Practices Act 1974 (Cth) ("the Act"). On 13 September 2005 the Acting Chief Justice ordered, pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), that the appeal should be heard and determined by a single Judge.
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