Nyoni v Shire of Kellerberrin [2017] FCAFC 59

FEDERAL COURT OF AUSTRALIA

Nyoni v Shire of Kellerberrin [2017] FCAFC 59 Appeal from: Nyoni v Shire of Kellerberrin (No 6) [2015] FCA 1294

File number: WAD 734 of 2015

Judges: NORTH, DOWSETT AND RARES JJ

Date of judgment: 13 April 2017

Catchwords: TORTS – misfeasance in public office – elements of tort – where local government council chief executive officer made misleading complaint on behalf of council to regulatory authorities about pharmacist's conduct of business with intention to injure pharmacist – where complaint made in context of protracted campaign by officer and council to persuade regulators to take action against pharmacist – whether making of complaint was exercise of power attached to public office – whether officer's targeted malice was misuse of power – whether pharmacist suffered material or actual damage by reason of injury to professional reputation – whether council directly liable by reason of actions of chief executive officer CONSUMER LAW – whether local government council's publication of minutes of council meeting conveying allegedly false representations about appellant's business capable of amounting to misleading or deceptive conduct under s 52 of Trade Practices Act 1974 (Cth) – whether council's publication of minutes of meeting in accordance with obligation under Local Government Act 1995 (WA) conduct "in trade or commerce"

Legislation: National Health Act 1953 (Cth) Trade Practices Act 1974 (Cth) s 52 Fair Trading Act 1987 (WA) s 10 Local Government Act 1995 (WA) Pt 5, ss 3.18, 5.22, 5.23, 5.25 5.36, 5.41, 5.94, 5.95, 5.96 Pharmacy Act 1964 (WA) ss 31A, 31E, 32 Poisons Act 1964 (WA) s 54 Local Government (Administration) Regulations 1996 (WA) regs 11, 13, 14