Meager, Robert George & Ors v Champion, John Thomas & Anor [1997] FCA 746

Meager, Robert George & Ors v Champion, John Thomas & Anor [1997] FCA 746

Because the first respondent had been served and had not appeared, and the uncontradicted evidence established breaches of s 52 of the Trade Practices Act 1974 involving misrepresentations that caused the group members to pay and lose money, it was appropriate to enter a verdict for the first applicant as representative for the named group members in the sum sought of $834,206.15.

Jurisdiction
Australia
Judgment Date
21 July 1997
Procedural Posture
Representative Proceeding Alleging Breaches of S 52 of the Trade Practices Act 1974 / Motion for Judgment
Outcome
Verdict entered in favour of the first applicant as representative for the group members named in the application in the sum of $834,206.15.
Legal Topics
['misrepresentation' 'breach of S 52 of the Trade Practices Act 1974' 'representative Proceeding' 'judgment in Absence of Appearance']
['trade Practices' 'consumer Protection'] ['misrepresentation' 'breach of S 52 of the Trade Practices Act 1974' 'representative Proceeding' 'judgment in Absence of Appearance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceeding Alleging Breaches of S 52 of the Trade Practices Act 1974 / Motion for Judgment

Legal Issues

  1. 1 ['Whether the first respondent was served in accordance with prior orders.' 'Whether breaches of s 52 of the Trade Practices Act 1974 occurred and the first respondent was involved in them.' 'Whether group members paid and lost money as a result of the misrepresentations.' 'Whether verdict should be entered for the first applicant as representative for the named group members.']

Ratio Decidendi

Because the first respondent had been served and had not appeared, and the uncontradicted evidence established breaches of s 52 of the Trade Practices Act 1974 involving misrepresentations that caused the group members to pay and lose money, it was appropriate to enter a verdict for the first applicant as representative for the named group members in the sum sought of $834,206.15.

Court Disposition

Verdict entered in favour of the first applicant as representative for the group members named in the application in the sum of $834,206.15.

Orders

  • ['Orders made in the short minutes of order as altered in ink.' 'Verdict in favour of the first applicant, as representative for the group members named in the application, in the sum of $834,206.15.']