Moses, G.I. & Anor v. Thomas Cook Pty Ltd & Ors [1985] FCA 616

Moses, G.I. & Anor v. Thomas Cook Pty Ltd & Ors [1985] FCA 616

There is not a case for dismissal of the proceedings at this stage because the clarity required for summary dismissal is not present; the facts and merits are not sufficiently obvious against the applicants.

Parties
First Applicant: Gerald Isaac Moses; Second Applicant: Linda Elizabeth Moses; First Respondent: Thomas Cook Pty. Limited; Second Respondent: Lee Enterprises Pty. Limited t/as Tauric Travel; Third Respondent: TV. (0) Nominees Pty. Limited t/as Tofu Hotels International
Jurisdiction
Australia
Judgment Date
06 December 1985
Procedural Posture
Application Under S.52 of the Trade Practices Act 1974 / Interlocutory Application for Summary Dismissal
Outcome
Motion for dismissal dismissed
Legal Topics
Summary Dismissal, Misleading or Deceptive Conduct, Brochure Representations
Trade Practices Summary Dismissal Misleading or Deceptive Conduct Brochure Representations

Case Brief

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Parties

Gerald Isaac Moses

First Applicant

Linda Elizabeth Moses

Second Applicant

Thomas Cook Pty. Limited

First Respondent

Lee Enterprises Pty. Limited t/as Tauric Travel

Second Respondent

TV. (0) Nominees Pty. Limited t/as Tofu Hotels International

Third Respondent

Procedural Posture

Application Under S.52 of the Trade Practices Act 1974 / Interlocutory Application for Summary Dismissal

Legal Issues

  1. 1 Whether proceedings should be summarily dismissed against the first respondent
  2. 2 Whether the facts alleged are sufficient to sustain an action under s.52 of the Trade Practices Act 1974

Ratio Decidendi

There is not a case for dismissal of the proceedings at this stage because the clarity required for summary dismissal is not present; the facts and merits are not sufficiently obvious against the applicants.

Court Disposition

Motion for dismissal dismissed

Orders

  • The motion be dismissed.
  • The first respondent pay the applicants' costs of today's hearing and preparation therefor.