Federal Court of Australia
CATCHWORDS Trade practices - misleading or deceptive conduct - whether in trade or commerce —- whether reasonable for recipient of
representation to rely on it - whether obliged to investigate - whether damage flowed from representation - whether
representation misleading or deceptive i1f literally true but needed qualification - whether representation corrected -
remedies - declaration that contracts void - damages - interest -
whether natural person liable.
Trade Practices Act ss. 52, 82, 87, 75B Goods Act 1958 (Vic.) ss. 16, 41, 42
Federal Court of Australia Act 1976 s. SIA
Supreme Court Act 1958 (Vic.) s. 79A
Judiciary Act 1903 s. 79
Westham Dredging Co. Pty. Ltd. v. Woodside Petroleum Development Pty. Ltd. (1983) 5 T.P.R. 18
Bevanere Pty. Ltd. v. Lubidineuse (1985) 59 A.L.R. 334
Parkdale Custom Built Furniture Pty. Ltd. v. Puxu Pty. Ltd.
(1982) 149 C.L.R. 191
Centrepoint Freehoids Pty. Ltd. v. T.N. Lucas Pty. Ltd. (1985) 60
A.L.R. 187 Milner v. Delita Pty. Ltd. (1985) 61 A.L.R. 557
Nella v. Kingia Pty. Ltd. (1985) 61 A.L.R. 603
Yorke v. Lucas (1985) 61 A.L.R. 307
My
LTD. AND
TULLY CORPORATION PTY.
Ve
LTD.
E.R. SQUIBB & SONS PTY.
ANOR.
x 1 . = ee oak we Meee tee
Sse AD
GRAY 3.
MELBOURNE
26TH MARCH 1986
IN THE FEDERAL COURT OF AUSTRALIA
VICTORTA DISTRICT REGISTRY No. VG 167 of 1984
GENERAL DIVISION
BETWEEN:
E.R. SOUIBR & SONS PTY. LTD.
Applicant
AND
TULLY CORPORATION PITY. LTD. and JOHN GREEN
Respondents
JUDGE: GRAY J.
DATE: 26TH MARCH 1986 REASONS FOR JUDGMENT
The Applicant, E.R. Squibb and Sons Pty. Ltd. ("Squibb"), is a company incorporated and having its principal Place of business in Victoria. Approximately half of its business consists of the manufacture and sale of pharmaceutical preparations for human consumption. It imports raw materials for these preparations, and sells to the wholesale and retail trade. In addition, it carries on a similar business in the manufacture and sale of veterinary medical supplies. It also imports and sells some equipment for hospitals, including ultrasound equipment. The remainder of its business consists of the sale of orthopaedic and similar appliances. This last portion of the
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