* Concrete Constructions
* Hornsby Building info centre
* Taco bell
* Bevanere v lvbidinevse
1. It applies to both corporations and natural persons. S131 CCA extends to the corporations and in the ACL to other persons in NSW given effect by s28 of the FTA and similar legislations in other states and territories. 2. No. Refer to Hornsby Building case.
3. The operation of “trade and commerce” should be restricted to conduct that is towards persons with whom it has or may have dealings in the course of those activities or transactions which of their nature, bear a trading or commerce character. The case of Hearn and Orouke revisited the original Concrete Constructions definition. Lubidineuse case: Whether or not selling the business property was in trade or commerce – Was that sale that you conducted in trade or commerce? The vendor of the beauty sale argued that it could not be in trade or commerce because she was not in the business of selling businesses. To distinguish O’Brien because it involved the sale of land that was not used for a business activity. The sale of a business should not be seen in isolation from the totality of the vendor’s commercial activity. Ramaaj v Shah: The trustees of a lodge sold land that was owned to them to a dance studio that had not been lodged in 4 years – was in “trade or commerce” because they were leasing land and putting money back into the business. Barto v GPR Mgmt Services Pty Ltd: It is true that an employment contract does not immediately produce income but the creation of the contract is commercial conduct, it is directed to the creation of the contractual relationship. Negotiations for an initial employment contract with a person who is not presently employed and negotiations with a person who is an employee does not differ. In each case, the contract is commercial in nature. Martin Development Resources – As the last mention passage makes clear, Wilcox has decided a striker application. Even if the...
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