Sterling, Robert v. Trade Practices Commission [1981] FCA 53

Sterling, Robert v. Trade Practices Commission [1981] FCA 53

Section 80(4) and (5) of the Trade Practices Act 1974 are constitutionally valid; the court was justified in granting injunctions against the appellant under s.80 for conduct aiding, abetting or procuring misleading or deceptive conduct by the company in contravention of s.52; the fact the company was not a party did not preclude such relief; the evidence supported the findings of misleading or deceptive conduct; and the scope and form of the injunctions were not objectionable or unduly burdensome.

Parties
Appellant: Robert Sterling; Respondent: Trade Practices Commission; Intervener: Attorney-General of the Commonwealth (intervening)
Jurisdiction
Australia
Judgment Date
12 May 1981
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Misleading or Deceptive Conduct, Injunctions Under Trade Practices Act, Corporations Power, Judicial Power of the Commonwealth
Trade Practices Constitutional Law Misleading or Deceptive Conduct Injunctions Under Trade Practices Act Corporations Power Judicial Power of the Commonwealth

Case Brief

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Parties

Robert Sterling

Appellant

Trade Practices Commission

Respondent

Attorney-General of the Commonwealth (intervening)

Intervener

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether s.80(4) and s.80(5) of the Trade Practices Act 1974 are valid under the Constitution.
  2. 2 Whether the court could grant injunctions restraining a natural person from conduct in contravention of s.52 where the relevant company was not a party.
  3. 3 Whether findings could properly be made against the company when it was not a party to the proceedings.

Ratio Decidendi

Section 80(4) and (5) of the Trade Practices Act 1974 are constitutionally valid; the court was justified in granting injunctions against the appellant under s.80 for conduct aiding, abetting or procuring misleading or deceptive conduct by the company in contravention of s.52; the fact the company was not a party did not preclude such relief; the evidence supported the findings of misleading or deceptive conduct; and the scope and form of the injunctions were not objectionable or unduly burdensome.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay the respondent's costs of the appeal.