Federal Court of Australia
NOT FOR GENERAL DISTRIBUTION
IN THE FEDCRAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 93 of 1986 BETWEEN: K. BIGGS ENTERPRISES PTY LTD Applicant
and
P.E. SYKES AND PARTNERS
a: CORAM: FRENCH J.
23 March 1987
EX TEMPORE REASONS FOR JUDGMENT
This is a motion whereby the respondent seeks an order that the trial of the action be directed to take place in Sydney
in the New South Wales Registry of the Court.
The application is one for damages under s.82 of the
Trade Practices Act 1974 and was instituted in the Perth Registry
of the Court on 18 September 1986.
By its statement of claim the applicant sets up that it
1S a company incorporated in Western Australia and carrying on —
business in this state.
we ce ge MeegeE seem
2.
The respondent is a firm of veterinary surgeons which carries on business in New South Wales. Their business 1s said to include the examination of racehorses for the purpose of giving
advice to potential purchasers.
The applicant alleges that in December 1985 it purchased a thoroughbred colt called Driven, for the sum of $47,500, it being a term of the contract that the sale was subject to the certification by a veterinary surgeon that the horse was suitable
for purchase as a racehorse.
The applicant says that it requested the respondent to inspect the horse in December 1985 and to advise whether it was
suitable for purchase as a racehorse.
The statement of claim then alleges that on Wednesday, 18 December 1985 the applicant by its managing director, Mr K. Biggs, telephoned the respondent from Kalgoorlie in Western Australia to inquire as to the inspection of the horse and that in the course of that telephone conversation, an employee of the respondent advised Biggs that the horse was suitable for purchase as a racehorse. In the giving of that advice it is said the respondent was engaged in trade or commerce involving the use of telephonic services and such trade or commerce was trade or
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