Meager, Robert George v Champion, John Thomas

IN THE FEDERAL COURT OF AUSTRALIA
)

)

NEW SOUTH WALES DISTRICT REGISTRY )              NG 433 of 1993

)

GENERAL DIVISION )

BETWEEN:

ROBERT GEORGE MEAGER
First Applicant

GEOFFREY RONALD GOULD
Second Applicant

ALAN EDWARD LEWIS
Third Applicant

  AND:
JOHN THOMAS CHAMPION
First Respondent

INTERCONTINENTAL

INVESTMENT MANAGEMENT LIMITED
Second Respondent

JUDGE: BURCHETT J

PLACE: SYDNEY

DATED: 21 JULY 1997

REASONS FOR JUDGMENT
BURCHETT J
In this matter I am satisfied that the respondent, John Thomas Charles Champion, who has not appeared, was served in accordance with the orders previously made by me. That is to say he was served with the orders requiring him to put in an appearance and take other steps if he desired to defend the proceeding, and he was served with the motion for judgment with which I am presently dealing and with the appropriate documents in support of that motion.

I am also satisfied that a case has been established, which I accept in the absence of any contradiction from Mr Champion, that breaches of s 52 of the Trade Practices Act 1974 occurred, in which he was involved in the relevant sense as indicated by the provisions of that statute, and that as a result of those misrepresentations the sums of money shown in the various affidavits of group members were paid out and have been lost.
I am satisfied that it is appropriate to enter a verdict in favour of the first applicant, as representative for the group members named in the application, in the sum of $834,206.15. In fact, somewhat more than that amount has been proved, but the group members are content to seek a verdict only for the amount that I have mentioned.
In those circumstances, I make the orders contained in the short minutes of order which have been submitted, subject to the alterations that I have made in ink.
I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of his Honour Justice Burchett.
Associate:
Date:4 August 1997

Solicitor for the Applicants: Brian Wingett
Date of hearing: 21 July 1997

CaseChat Overview and Summary

The Federal Court of Australia heard a case involving multiple applicants, Robert George Meager, Geoffrey Ronald Gould, and Alan Edward Lewis, against the respondents, John Thomas Champion and Intercontinental Investment Management Limited. The dispute centred around alleged breaches of section 52 of the Trade Practices Act 1974, specifically concerning misleading or deceptive conduct. The applicants sought damages and an injunction against the respondents for the losses incurred due to these alleged breaches. Burchett J was tasked with determining whether the respondents had indeed engaged in misleading or deceptive conduct, and if so, to what extent the applicants were entitled to compensation.

The court needed to assess whether Champion had indeed been properly served with the legal documents, despite his failure to appear, and whether his non-appearance justified the entry of a default judgment. Furthermore, the court had to examine the evidence provided by the applicants to establish the validity of their claims regarding the misrepresentations made by Champion and the resultant financial losses. It was also necessary to determine the appropriate amount of compensation to be awarded to the applicants, considering the evidence presented and the losses claimed.

Burchett J found that Champion had been properly served with the necessary legal documents and that there was no valid reason for him to contest the proceedings, leading to a default judgment in favour of the applicants. The judge accepted the evidence presented by the applicants, confirming that Champion had indeed engaged in misleading or deceptive conduct, resulting in financial losses for the group members. The court determined that the appropriate compensation for the applicants, as represented by Meager, was $834,206.15. This amount was less than the total losses claimed but was agreed upon by the group members. Consequently, the court entered a verdict in favour of the applicants and issued the appropriate orders, subject to minor alterations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA	)
)
NEW SOUTH WALES DISTRICT REGISTRY	) NG 433 of 1993
)
GENERAL DIVISION	)

JUDGE:	BURCHETT J
PLACE:	SYDNEY
DATED:	21 JULY 1997