Rana v University of South Australia [2007] FCA 816

FEDERAL COURT OF AUSTRALIA

Rana v University of South Australia [2007] FCA 816

CONTRACT – advertisement – where respondent advertised event to public – whether advertisement amounted to offer – whether any payment made to respondent by applicant in relation to event – whether contract arose – whether any loss or damage established. TRADE PRACTICES – misleading and deceptive conduct – claim that respondent breached s 52 of the Trade Practices Act 1974 (Cth) – applicant refused entry to event – whether advertisement of event to public amounted to misleading or deceptive conduct – whether statements made by employee of respondent to applicant amounted to misleading or deceptive conduct – claim for damages under s 82 of the Trade Practices Act 1974 (Cth). REMEDIES – injunctive relief – injunction sought in relation to claims in contract and under Trade Practices Act. Held: advertisement did not amount to offer – no payment made to respondent by applicant – no contract – no loss or damage established in any event – no misleading or deceptive conduct in advertisement or statement made to applicant – no contravention of s 52 of the Trade Practices Act – no loss or damage proved under s 82 of the Trade Practices Act – no basis for injunctive relief – application dismissed. Trade Practices Act 1974 (Cth) s 52, 82 Baltic Shipping Company v Dillon (1993) 176 CLR 344 cited Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 distinguished Cowell v Rosehill Racecourse Co Ltd (1937) 56 CLR 605 cited Denton v Great Northern Railway Co (1856) 5 E & B 860; 119 ER 701 distinguished R v Clarke (1927) 40 CLR 227 distinguished Williams v Carwardine (1833) 5 C & P 566; 172 ER 1101 distinguished RANJIT RANA v UNIVERSITY OF SOUTH AUSTRALIA SAD 52 OF 2006

BESANKO J

31 MAY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA