Sackville, Kareen Sherry v. Mansard Devlopments Pty Ltd [1981] FCA 98

Sackville, Kareen Sherry v. Mansard Devlopments Pty Ltd [1981] FCA 98

The Court found that the advertisements referred to all unsold lots within the described development, including those in stage 5, and that representing 'all lots are fully serviced with electricity' was objectively false as only some lots had electricity available, thus constituting a contravention of s. 53A(1)(b) of the Trade Practices Act 1974 (Cth).

Parties
Prosecutor: Kareen Sherry Sackville; Defendant: Mansard Developments Pty. Limited
Jurisdiction
Australia
Judgment Date
10 July 1981
Procedural Posture
Prosecution / Interlocutory Orders and Reasons for Judgment on Liability; Matter Adjourned for Penalty Hearing
Outcome
Defendant found to have contravened s. 53A(1)(b) of the Trade Practices Act 1974 (Cth); penalty adjourned for hearing.
Legal Topics
False or Misleading Statements in Property Advertisements, Misrepresentation of Facilities in Land Sales, Application of S. 53 a Trade Practices Act 1974
Trade Practices Consumer Protection False or Misleading Statements in Property Advertisements Misrepresentation of Facilities in Land Sales Application of S. 53 a Trade Practices Act 1974

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Parties

Kareen Sherry Sackville

Prosecutor

Mansard Developments Pty. Limited

Defendant

Procedural Posture

Prosecution / Interlocutory Orders and Reasons for Judgment on Liability; Matter Adjourned for Penalty Hearing

Legal Issues

  1. 1 Whether advertisements published by the defendant made false statements concerning the existence of electricity facilities associated with residential lots in the Illawarra Gardens Kelmscott development in contravention of s. 53A(1)(b) of the Trade Practices Act 1974 (Cth)

Ratio Decidendi

The Court found that the advertisements referred to all unsold lots within the described development, including those in stage 5, and that representing 'all lots are fully serviced with electricity' was objectively false as only some lots had electricity available, thus constituting a contravention of s. 53A(1)(b) of the Trade Practices Act 1974 (Cth).

Court Disposition

Defendant found to have contravened s. 53A(1)(b) of the Trade Practices Act 1974 (Cth); penalty adjourned for hearing.

Orders

  • The further hearing of these matters be adjourned to 3 August 1981.
  • If either party seeks to adduce evidence on the question of penalty, such evidence should be by affidavit, to be filed and served on or before 24 July 1981.