Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferguson v Swevenings Pty Ltd [2011] FCA 1348 Citation: Ferguson v Swevenings Pty Ltd [2011] FCA 1348
Appeal from: Swevenings Pty Ltd v Ferguson Consolidated Holdings Pty Ltd [2010] FMCA 63
Parties: ERIC JOHN FERGUSON v SWEVENINGS PTY LTD (ACN 113 531 007)
File number: WAD 59 of 2010
Judge: SIOPIS J
Date of judgment: 25 November 2011
Catchwords: TRADE PRACTICES – appeal from a decision of the Federal Magistrates Court – sale of business – whether the appellant was knowingly concerned in the contravening conduct of the company of which he was a director - whether apportionment of liability under s 87CD of the Trade Practices Act 1974 (Cth) available – assessment of trading loss.
Legislation: Trade Practices Act 1974 (Cth) ss 51AD, 52, 75B, 87CB(1), 87CD Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) reg 3 Federal Court Rules O 52 r 6
Cases cited: Gould v Vaggelas (1985) 157 CLR 215 MGICA v Kenny & Good Pty Ltd (1996) 140 ALR 313
Date of hearing: 18 July 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 103
Counsel for the Appellant: The Appellant appeared in person.
Counsel for the Respondent: Mr J O Hosgood
Solicitor for the Respondent: MacKinlays Solicitors
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 59 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ERIC JOHN FERGUSON
Appellant
AND: SWEVENINGS PTY LTD (ACN 113 531 007)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate