Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commission [2012] FCAFC 44 Citation: Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commission [2012] FCAFC 44
Appeal from: Australian Building & Construction Commissioner v Construction, Forestry, Mining & Energy Union [2011] FCA 810
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
File number: WAD 338 of 2011
Judges: KEANE CJ, RARES & BARKER JJ
Date of judgment: 27 March 2012
Catchwords: COMPENSATION – whether actual damages suffered by conduct of another person as a result of the contravention – causation – whether mitigation of losses – quantum of damage – object of statute
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Federal Court Rules 2011 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: Banco de Portugal v Waterlow & Sons Ltd [1932] AC 452 followed Imperial Chemical Industries of Australia and New Zealand Ltd v Murphy (1973) 47 ALJR 122 referred to King v Yurisich (2006) 153 FCR 78 followed March v E & HM Stramare Pty Ltd (1991) 171 CLR 506 followed Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 referred to Water Board v Moustakas (1988) 180 CLR 491 followed
Date of hearing: 9 March 2012
Place: Perth
Division: GENERAL DIVISION
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