McCracken, Charles v Equus Financial Services Ltd (ACN 006 012 344) and Ors [1996] FCA 987

McCracken, Charles v Equus Financial Services Ltd (ACN 006 012 344) and Ors [1996] FCA 987

On acceptance of the application for units, each of Vacation Ownership Resorts Ltd and Vacation Ownership Pty Ltd agreed to provide, grant or confer on the applicant narrower services consisting of rights to proper and efficient management and administration in good faith of the trust, expected to result in allotment of a share in Club Mildura Ltd. Those services did not include the recreational facilities and services attached to shareholding in Club Mildura Ltd, but each of VOR and VO was the supplier of at least some services within the earlier order.

Jurisdiction
Australia
Judgment Date
14 November 1996
Procedural Posture
Application Involving Whether Services Were Supplied Within the Meaning of the Trade Practices Act 1974 / Further Preliminary Issue Set Down for Separate Trial
Outcome
Further preliminary questions answered in favour of finding that the second and third respondents provided or agreed to provide, and were suppliers of, the narrower services; application adjourned to a further directions hearing.
Legal Topics
['supply of Services' 'linked Credit Provider Liability' 'timeshare Resort Interests' 'unit Trust Administration' 'preliminary Questions']
['consumer Law' 'trade Practices' 'credit Law' 'trusts'] ['supply of Services' 'linked Credit Provider Liability' 'timeshare Resort Interests' 'unit Trust Administration' 'preliminary Questions']

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Procedural Posture

Application Involving Whether Services Were Supplied Within the Meaning of the Trade Practices Act 1974 / Further Preliminary Issue Set Down for Separate Trial

Legal Issues

  1. 1 ['Whether the second respondent or the third respondent provided, granted or conferred, or agreed to provide, grant or confer, the services referred to in the order made on 31 July 1995.' 'Whether the second respondent or the third respondent was the supplier of those services.' 'Whether the relevant services were recreational facilities themselves or narrower rights to proper administration and management of the trust.']

Ratio Decidendi

On acceptance of the application for units, each of Vacation Ownership Resorts Ltd and Vacation Ownership Pty Ltd agreed to provide, grant or confer on the applicant narrower services consisting of rights to proper and efficient management and administration in good faith of the trust, expected to result in allotment of a share in Club Mildura Ltd. Those services did not include the recreational facilities and services attached to shareholding in Club Mildura Ltd, but each of VOR and VO was the supplier of at least some services within the earlier order.

Court Disposition

Further preliminary questions answered in favour of finding that the second and third respondents provided or agreed to provide, and were suppliers of, the narrower services; application adjourned to a further directions hearing.

Orders

  • ['Question No 1(a) as to the second respondent answered: Yes.' 'Question No 1(b) as to the third respondent answered: Yes.' 'Question No 1(c) as to either the second respondent or the third respondent answered: Unnecessary to answer.' 'Question No 2(a) as to the second respondent answered: Yes.' 'Question No 2(b) as...