Tela Pty Ltd v Ampol Ltd [1986] FCA 497

CATCHWORDS

TRADE PRACTICES - Alleged misrepresentation as to credit worthiness of applicant - Meaning of "credit problem" - Dispute between applicant and respondent as to state of applicant's account - Whether applicant was in fact indebted

to respondent when statement made.

COSTS - Dispute between parties occasioned by confusing and inaccurate statements rendered by respondent to applicant - Exercise of discretion to deprive successful respondent of

part of its costs.

Trade Practices Act 1974 s.52 Federal Court of Australia Act 1976 s.43

Donald Campbell & Co Limited v Pollak [1927] AC-732 referred to.

NSW G.86 of 1986 TELA PTY LIMITED v_AMPOL LIMITED

Wilcox J Sydney 13 November 1986

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.86 of 1986

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GENERAL DIVISION

BETWEEN: TELA PTY LIMITED

Applicant

AND: AMPOL LIMITED Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 13 NOVEMBER 1986. MINUTES OF ORDER . THE COURT ORDERS THAT: 1. The Application be dismissed. 2. In the Cross-Claim, judgment be entered in favour of

the Cross-Claimant, Ampol Limited, against the Cross-Respondent, Tela Pty Limited, in the sum of eight thousand one hundred and seventy dollars ninety

one cents ($8,170.91).

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Note:

The applicant pay to the respondent one half of its

costs of these proceedings.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.86 of 1986

GENERAL DIVISION

BETWEEN: TELA PTY LIMITED

Applicant

AND: AMPOL LIMITED

Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 13 NOVEMBER 1986

REASONS FOR JUDGMENT

This is unfortunate litigation. For several years the parties have enjoyed a mutually profitable, and basically

harmonious, business relationship but they now find themselves