Mansard Developments Pty Ltd v. Sackville, Kareen Sherry [1981] FCA 209

Mansard Developments Pty Ltd v. Sackville, Kareen Sherry [1981] FCA 209

On an ordinary reading of the advertisements, the statement that all lots were fully serviced referred to the large selection of building sites being offered in the advertised land sale, not to all identifiable unsold lots in the overall Illawarra Gardens estate or to stage 5 lots not then being offered for sale. There was no evidence that Mansard later applied the advertisements to stage 5 lots or led purchasers to believe that the advertisements referred to those lots. Because the statement was not shown to refer to the unserviced stage 5 lots, the alleged contraventions were not established.

Jurisdiction
Australia
Judgment Date
12 November 1981
Procedural Posture
Appeal in Proceedings Alleging Offences Under the Trade Practices Act 1974 / Appeal From a Decision of a Single Judge of the Federal Court of Australia; Three Prosecutions Heard Together by Consent
Outcome
Appeal allowed with costs; convictions set aside and judgments of acquittal entered.
Legal Topics
['false or Misleading Statements Concerning Land' 'existence or Availability of Facilities Associated With Land' 'advertisements for Subdivision Lots' 'promotion of Sale of Interests in Land']
['trade Practices' 'consumer Protection' 'real Property' 'criminal Offences'] ['false or Misleading Statements Concerning Land' 'existence or Availability of Facilities Associated With Land' 'advertisements for Subdivision Lots' 'promotion of Sale of Interests in Land']

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

Appeal in Proceedings Alleging Offences Under the Trade Practices Act 1974 / Appeal From a Decision of a Single Judge of the Federal Court of Australia; Three Prosecutions Heard Together by Consent

Legal Issues

  1. 1 ['Whether the advertisements referred to all identifiable unsold lots in the Illawarra Gardens subdivision, including stage 5 lots not then offered for sale.' 'Whether the statement that all lots were fully serviced with electricity was false for the purposes of Trade Practices Act 1974, s.53A(1)(b).' 'Whether the alleged contraventions of Trade Practices Act 1974, s.53A(1)(b) were established.']

Ratio Decidendi

On an ordinary reading of the advertisements, the statement that all lots were fully serviced referred to the large selection of building sites being offered in the advertised land sale, not to all identifiable unsold lots in the overall Illawarra Gardens estate or to stage 5 lots not then being offered for sale. There was no evidence that Mansard later applied the advertisements to stage 5 lots or led purchasers to believe that the advertisements referred to those lots. Because the statement was not shown to refer to the unserviced stage 5 lots, the alleged contraventions were not established.

Court Disposition

Appeal allowed with costs; convictions set aside and judgments of acquittal entered.

Orders

  • ['The appeal be allowed with costs.' 'The orders of the learned trial judge be set aside.' "In lieu thereof there be a judgment of acquittal in respect of each of the three charges and an order that the respondent pay the appellant's costs at first instance."]