Milner, B.J. & Ors v. Delita Pty Ltd & Ors [1985] FCA 521

IN THE FEDERAL COURT OF AUSTRALIA

No. G164 of 1982

) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) )

GENERAL DIVISION

IN THE MATTER of the

TRADE PRACTICES ACT, 1974

BETWEEN : BRYAN JOHN MILNER AND ORS. . Applicants AND: DELITA PTY. LIMITED

ROGER McMILLAN GLASSON and

MORRIS WALTER LEWIN

Respondents and First Cross-Claimants

AND: ROBERT CHARLES GOOCH MORRISON and

JOHN CHRISTOPHER BENNETT

First Cross-Respondents and Second Cross-Claimrants

AND: ROGER McMILLAN GLASSON and

MORRIS WALTER LEWIN

Second Cross-Respondents

No. G85 of 1983 BETWSEN : ALLAN JAMES GILL & ORS. Applicants AND: DELITA PTY. LIMITED

ROGER McMILLAN GLASSON

MORRIS WALTER LEWIN

Respondents and First Cross-Claimants

2.

AND: ROBERT CHARLES GOOCH MORRISON and

JOHN CHRISTOPHER BENNETT.

First Cross-Respondents ~ and Second Cross-Claimants

AND: ROGER McMILLAN GLASSON and

MORRIS WALTER LEWIN

Second Cross-Respondents

16 October 1985 REASONS FOR JUDGMENT

LOCKHART J.

On 19 September 1985 I published my reasons for judgment in this matter but deferred making any final orders so that the parties could consider the implications of my reasons, make any further

submissions and bring in short minutes of order.

On Friday last, 11 October 1985, counsel for all parties told me that they had agreed on all matters to give effect to my reasons for judgment save one, namely, the question of damages in the nature of interest. I said in my reasons for judgment of 19 September 1985 that the language of ss. 82 and 87 of the Trade Practices Act 1974 is apt to authorise an award of damages by way of interest, not to recoup loss due entirely to delay in, the payment of money ultimately held to be due, but to recoup loss suffered as a direct consequence of the conduct which contravened s. 52 including the cost of borrowing the money lost or the cost of terminating an earlier investrent. I said