Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA f
No. VG 170 of 1982
VICTORIA DISTRICT REGISTRY
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GENERAL DIVISION
BETWEEN: LEASON Pry. LTD. : ApplicantAND: DALGETY FAPMERS LIMITED (formerly
DALGETY AUSTRALIA LIMITED) and GRAHAM CAMPBELL
Respondents
AND BETWEEN : DALGETY FARMERS LIMITED (formerly DALGETY AUSTRSLIA LIMITED)
Cross-Claimant
AND JOHN BRAITHWAITE SANDERS and LEASON
Pry. LTD.
Cross-Respondents
COURT: BEAUMONT, J.
DATE: 26 MARCH 1986 PLACE: CANBERRA
MINUTE OF ORDER
THE COURT ORDERS THAT the respondent bring in short minutes to
give effect to these reasons.
Settlement and entry of Orders is dealt with Rules of Court).
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IN THE FEDERAL COURT OF AUSTRALTA
VICTORIA DISTRICT REGISTRY No. VG 170 of 1983
GENERAL DIVISION
_ BETWEEN : LEASON Pry. LTD. : Applicant AND: DALGETY FARMERS LIMITED (formerly
DALGETY AUSTRALIA LIMITED') and GRAHAM CAMPBELL
Respondents AND BETWEEN: DALGETY FARMERS LIMITED (formerly
DALGETY AUSTRALIA LIMITED) Cross-Claimant
AND JOHN BRATTHWAITE SANDERS and LEASON Pry. LTD.
Cross-Respondents
CORAM: Beaumont, J.
DATED: 26 March 1986
REASONS FOR JUDGMENT
INTRODUCTION
Leason Pty. Ltd. ("Leason"), a Victorian company, claims damages and other relief against Dalgety Farmers Limited
("Dalgety") and one of its former employees, Mr. Graham Campbell.
The claim 1s based on the alleged acquisition in January 1982 by
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Leagon of the stallion "Irish Playboy". The horse was then
purchased in the United States for the price of $US550,000.00. There 1s a dispute between the parties as to the identity of the buyer: Leason claims that it was the -purchaser whilst Dalgety
contends that Mr. J.B. Sanders, a director of Leason and its
_—
controller, was the party to the agreement to purchase.
Shortly stated, Leason's claim 1s that it was induced to acquire the horse by certain misleading statements alleged to have been made by Mr. Campbell, the general manager of Daligety's Bloodstock Division at the time. The statements principally relied on are alleqed to be to the effect that, by way of "syndication" of the horse. Mr. campbell nad already sold 12 shares inthe syndicate and that Dalgety's staff would sell another eight shares expeditiously. Leason claims that Dalgety represented to it that prices in the range of $18,000.00 to $25,000.00 per share would be achieved. The making of any of such representations 1s denied by the respondents although 1t 15 common ground that Dalgety was appointed to act as agent on the sale of shares in the horse. It is also common aground that Mr. Campbell and Dalgety's staff were unable to sell any such shares, although they say there were good reasons for this, including the serious downturn in the Australian economy 1n 1982 and the fact that "Trish Playboy" became seriously ill whilst in quarantine in
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