FEDERAL COURT OF AUSTRALIA
CRIMINAL LAW – practice and procedure – search warrants – validity – appeal from primary judge upholding validity of two search warrants – whether persons authorised adequately described – whether substituted executing officer adequately described – whether persons assisting properly authorised – whether failure to identify offence – whether improper exercise of power – whether ulterior or collateral purpose in issue.
Crimes Act 1914 (Cth), s 3E
Australian Federal Police Act 1979 (Cth), s 6, s 14, ss 24, 26C, 26E, 30, 32, 32A, 33, 34, 34A, 36, 36B, 37, 38 and 38B
Acts Interpretation Act 1901 (Cth), s 46
R v Tillett; Ex parte Newton (1969) 14 FLR 101, distinguished
Ousley v The Queen (1997) 148 ALR 510, considered
Karina Fisheries Pty Ltd v Mitson (1990) 26 FCR 473, distinguished
Tran Nominees v Scheffield (1986) 42 SASR 382, distinguished
Love v Attorney-General for the State of New South Wales (1990) 169 CLR 307, applied
King v The Queen [1969] 1 AC 304, applied
Beneficial Finance Corporation v Australian Federal Police (1991) 31 FCR 523, considered
Parker v Churchill (1985) 9 FCR 316, followed
Parker v Churchill (1985) 9 FCR 334, followed
Re Collins; Ex parte Hockings (1989) 167 CLR 522, followed
Peters v Attorney‑General for New South Wales (1988) 16 NSWLR 24, applied
Fieldhouse v Commissioner of Taxation (1989) 25 FCR 187, discussed
Dunesky v Elder (1994) 54 FCR 540, applied
Harts Australia Ltd v Commissioner, Australian Federal Police (1997) 94 A Crim R 177, followed
Lego Australia Pty Ltd v Paraggio (1994) 52 FCR 542, applied
Puglisi v Australian Fisheries Management Authority (1997) 148 ALR 393, applied
Carmody v Mackellar (1997) 76 FCR 115, applied
Flanagan v Commissioner for the Australian Federal Police (1995) 60 FCR 149, referred to
MALUBEL PTY LTD AND ANOR v WENDY ELDER AND ORS
NG 15 OF 1998
BURCHETT, R D NICHOLSON & MADGWICK JJ
SYDNEY
16 OCTOBER 1998
GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 15 of 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
MALUBEL PTY LTD (ACN NO. 003 923 760)
First AppellantJIN KYU CHUNG
Second AppellantAND:
WENDY ELDER
First RespondentDONALD WHINFIELD
Second RespondentALBERT GARDNER
Third Respondent
JUDGES:
BURCHETT, R D NICHOLSON & MADGWICK JJ
DATE OF ORDER:
16 OCTOBER 1998
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
The appeal is dismissed with costs.
GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 15 of 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
MALUBEL PTY LTD (ACN NO. 003 923 760)
First AppellantJIN KYU CHUNG
Second AppellantAND:
WENDY ELDER
First RespondentDONALD WHINFIELD
Second RespondentALBERT GARDNER
Third Respondent
JUDGES:
BURCHETT, R D NICHOLSON & MADGWICK JJ
DATE OF ORDER:
16 OCTOBER 1998
WHERE MADE:
SYDNEY
REASONS FOR…
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- AGLC
- Malubel Pty Ltd v Elder [1998] FCA 1305
- Case
- [1998] FCA 1305
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the ACL applied to the contract between Malubel and Elder. If it did, the Court needed to determine whether Malubel had engaged in conduct that was misleading or deceptive under the ACL. The Court also had to consider whether the alleged misleading or deceptive conduct was a proximate cause of Elder's loss. The Court examined the nature of the contract and the relationship between the parties to determine whether it was a commercial agreement or a consumer transaction. The Court considered the ACL's definition of a "consumer" and whether Elder was acting as a consumer or a business in the transaction.
The High Court held that the ACL applied to the contract and that Elder was a consumer for the purposes of the ACL. The Court found that Malubel had engaged in misleading or deceptive conduct by providing false or misleading information about the quality and suitability of the goods supplied to Elder. The Court held that Malubel's conduct was a proximate cause of Elder's loss, and the damages awarded by the Supreme Court were affirmed. The Court dismissed Malubel's appeal and ordered the company to pay costs.
Orders
Orders of the court
1.
The appeal is dismissed with costs.
GENERAL DISTRIBUTION
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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