RAMSAY v VOGLER [1999] NSWSC 120

New South Wales Supreme Court CITATION : RAMSAY v VOGLER [1999] NSWSC 120 CURRENT JURISDICTION : EQUITY FILE NUMBER(S) : 1747/96 HEARING DATE(S) : 9-10 November 1998 7-9 December 1998 JUDGMENT DATE : 26 February 1999

LEICESTER DENIS RAMSEY & ORS PARTIES : v JUANITA KAY VOGLER & ANOR JUDGMENT OF : Bryson J at 1

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : N/A LOWER COURT JUDICIAL OFFICER : N/A

COUNSEL : PLAINTIFFS: MR P KING DEFENDANTS: MR P NEWTON SOLICITORS : PLAINTIFFS: WOODWARD WICKES & CO DEFENDANTS: PHILIP J BEAZLEY CATCHWORDS : TRADE PRACTICES; Fair Trading Act 1987 (NSW); operation on representations and conduct which occurred outside NSW; location of conduct consisting of telephone and postal messages from Queensland to persons in NSW; held that the conduct occurred in Qld and was not prohibited by the NSW legislation. Allegations of fraud were considered on the facts and one plaintiff was held entitled to damages for fraud: other claims were dismissed. Australia Act 1986 (Cth) ss 2(1). Trade Practices Act 1975 (Cth) Fair Trading Act 1987 (NSW) s 42, ss 44(b), (e) and (j), s50, s 62, s 68, ss 70 (4), s 72, s 73. Interpretation Act 1987 s 31, ss 31(1),(2), (3). ACTS CITED : The Fair Trading Act (1989) (Queensland) Brownlie v State Pollution Control Commission (1992) 27 NSWLR 78 Distillers Co v Thompson [1971] AC 458 Port MacDonnell Professional Fisherman's Association Inc v South Australia (1989) 168 CLR 340 at 372. Voth v Manildra Flour Mills Pty Limited & Anor (1990) 171 CLR 538 DECISION : SEE PARAGRAPH 50