Neilsen, G.D. v. Hempston Holdings Pty Ltd & Anor [1986] FCA 120

CATCHWORDS

TRADE PRACTICES - claim for damages for misleading statements - causation - applicant's lack of care - methods of assessment - additional or consequential losses - interest under statute - impact of taxation on damages - relevance of carry forward of tax losses - length of time for allowance of continuing losses.

Trade Practices Act, 1974 ss.52; 75B; 82(1) Federal Court of Australia Act, 1976 s.51A

Judiciary Act, 1964 s.79 Common Law Practice Act (Old), 1972 s.72

Income Tax Assessment Act, 1936, s.26(j)

GORDON DOUGLAS NEILSEN v. HEMPSTON HOLDINGS PTY. LTD. & ANOR.

OLD G37 OF 1985

PINCUS J. BRISBANE

B April 1986

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G37 of 1985 GENERAL DIVISION }

BETWEEN: GORDON DOUGLAS NEILSEN

Applicant AND: HEMPSTON HOLDINGS PTY LTD

First Respondent

AND: STELLA JEAN CHEFFERS

Second Respondent

DATE OF HEARING: 3, 4, 5, 6, 7, 11, 12 MarchDATE JUDGMENT DELIVERED: 8 April 1986 COUNSEL: for the applicant Mr. N.F. McLauchlan Q.C.

instructed by Hawthorn, Cuppaidge & Badgery

for the respondents Mr. W.T. McMillan instructed by Watkins Stokes

J. A. LYONS ASSOCIATE TO PINCUS 7.

8 April 1986

—9 APR 1986

FepERoL COURT C7 SUSTAALIA

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION )

~

OLD G37 of 1985

BETWEEN: GORDON DOUGLAS NEILSEN Applicant

AND: HEMPSTON HOLDINGS PTY LTD

First Respondent

AND: STELLA JEAN CHEFFERS

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 8 April 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. There be judgment for the applicant against the respondents in the sum of §160,000.

2. The respondents pay the applicant's casts of and incidental to this application to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36