WSA Online Limited (in administration) v Arms [2006] FCAFC 45

FEDERAL COURT OF AUSTRALIA

WSA Online Limited (in administration) v Arms [2006] FCAFC 45 TRADE PRACTICES – appeal – damages – quantum – notional period of seven months loss through set-back – no error of principle in calculation of damages Trade Practices Act 1974 (Cth) ss 52, 82

The Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 WSA ONLINE LIMITED (in administration) v SIMON ARMS VID 843 of 2005 NICHOLSON, MANSFIELD and BENNETT JJ 30 MARCH 2006 MELBOURNE (via video-link)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 843 OF 2005

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WSA ONLINE LIMITED (in administration) (ACN 081 121 495)

APPELLANT

AND: SIMON ARMS

RESPONDENT

JUDGES: NICHOLSON, MANSFIELD and BENNETT JJ

DATE OF ORDER: 30 MARCH 2006

WHERE MADE: MELBOURNE (via video-link)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 843 OF 2005

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WSA ONLINE LIMITED (in administration)

(ACN 081 121 495)

APPELLANT

AND: SIMON ARMS

RESPONDENT

JUDGES: NICHOLSON, MANSFIELD and BENNETT JJ

DATE: 30 MARCH 2006

PLACE: MELBOURNE (via video-link)

REASONS FOR JUDGMENT

the court: 1 This appeal is brought in respect of a judgment against the appellant in the sum of $58 331 by way of damages in respect of misleading or deceptive conduct pursuant to s 52 of the Trade Practices Act 1974 (Cth) ('the TPA'). The appellant contends the primary judge erred in law in arriving at the quantum of damages.