Federal Court of Australia
Federal Court of Australia
Blu Logistics SA Pty Ltd v Flogineering Pty Ltd [2023] FCAFC 103 Appeal from: Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 4) [2021] FCA 1219
File number(s): QUD 366 of 2021
Judgment of: RARES, COLLIER AND LOGAN JJ
Date of judgment: 4 July 2023
Catchwords: CONSUMER LAW – appeal from award of compensation under s 236(1) of Australian Consumer Law (ACL) in Competition and Consumer Act 2010 (Cth) Sch 2 – where primary judge in separate hearing made declarations that conduct conveyed a misrepresentation and contravened ss 18 and 29(1)(e) and (g) of the ACL – where no appeal from declarations – where applicant claimed damages for loss of a commercial opportunity – whether primary judge's inference that third parties relied on misrepresentation was mere conjecture – whether applicant suffered loss or damage because of contraventions of the ACL – held: appeal dismissed. CONSUMER LAW – cross-appeal from primary judge's finding that damages for loss of a commercial opportunity should be discounted by 25% – where primary judge rejected contravening parties' counterfactual that they may have acted differently – where contravening parties defended litigation and did not alter their conduct throughout litigation – held: cross-appeal allowed.
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 29(1)(e) and (g) and 236 National Measurement Act 1960 (Cth) National Measurement Regulations 1999 (Cth)
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