Ford Motor Company of Australia Limited v Arrowcrest Group Pty Ltd [2003] FCAFC 313

FEDERAL COURT OF AUSTRALIA

Ford Motor Company of Australia Limited v Arrowcrest Group Pty Ltd [2003] FCAFC 313 TRADE PRACTICES – misleading and deceptive conduct - causation – where appellant had been ordered to pay damages for breach of steering gear supply contract – where appellant appealed on the basis that contract was induced by misleading and deceptive conduct of the respondents – where no findings by trial Judge as to falsity of statements said to constitute misleading and deceptive conduct – whether, in any event, the appellant relied on the impugned statements – no reliance – whether causal link between conduct and loss requires strict reliance – lack of reliance fatal in this case – where other grounds of appeal were that respondent should not be allowed to benefit from their own misconduct and that the appellant was induced to enter the contract under economic duress – lack of reliance by appellant on conduct or statements of respondents dispositive of those grounds – whether liability for contravention of s 52 of the Trade Practices Act 1974 (Cth) is limited to relief specifically provided for in the Act – discussed. CONTRACT – implication of terms – whether term sought to be implied was consistent with the principle that terms may be implied to enable parties to have the 'benefit of the contract' – term should not be implied.

Trade Practices Act 1974 (Cth) ss 51AA, 52, 76, 79(1), 82, 87 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 considered Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 37 FCR 526 discussed Hampic Pty Ltd v Adams (2000) ATPR 41 – 737 discussed McCarthy v McIntyre [1999] FCA 805 considered Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 discussed Gould v Vaggelas (1985) 157 CLR 215 considered Euro-Diam Ltd v Bathurst [1990] 1 QB 1 cited Yango Pastoral Company Pty Ltd & Ors v First Chicago Australia Ltd & Ors (1978) 139 CLR 410 cited Nelson v Nelson (1995) 184 CLR 538 cited Fitzgerald v F J Leonhardt Pty Ltd (1997) 189 CLR 215 cited Westpac Banking Corporation v Cockerill (1998) 152 ALR 267 discussed Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 discussed BP Refinery (Westernport) Pty Ltd v President, Councillors and Ratepayers of the Shire of Hastings (1977) 180 CLR 266 applied Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 cited Mackay v Dick (1881) 6 App Cas 251 considered News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 considered Butt v M'Donald (1896) 7 QLJ 68 considered FORD MOTOR COMPANY OF AUSTRALIA LIMITED v ARROWCREST GROUP PTY LTD & TRISTAR STEERING AND SUSPENSION AUSTRALIA LTD V 47 OF 2003 HILL, JACOBSON AND LANDER JJ 22 DECEMBER 2003 ADELAIDE (HEARD IN MELBOURNE)