Finucane, P.E. v. New South Wales Egg Corporation [1988] FCA 136

CATCHWORDS

TRADE PRACTICES - Misleading and deceptive conduct in contravention of S. 52 of Trade Practices Act - appointment of contract carrier - appointment of prime contractor leading to discharge of carrier - warnings given as to risks in purchase of run - whether conduct at interviews of prospective carriers is conduct "in trade or commerce" identification of class of persons likely to be affected by misleading or deceptive conduct — measure of damages under s. 82 of Trade Practices Act - recovery of interest on monies borrowed for purchase of run - whether Court has discretion to reduce amount of damages assessed under s. 82.

CONTRACT - Contract arising from documents and conversations, Interpreted by reference to surrounding circumstances - relevance of parties' subjective intentions to creation of contract - construction of contract - period for which contract carrier's appointment to subsist - termination of contracts of continuing nature.

Egg Industry Act 1983 (NSW) Federal Court of Australia Act 1976 (Cth): s. 541A

Supreme Court Act 1970 (NSW): s. 94 Trade Practices Act 1974 (Cth): ss. 52, 53, 82.

PETER EDWARD FINUCANE v. NEW SOUTH WALES EGG CORPORATION

G 24 of 1987

LOCKHART J. SYDNEY 22 APRIL 1988

n

ig?

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY)

)

No. G24 of 1987

GENERAL DIVISION ) BETWEEN: PETER EDWARD FINUCANE Applicant AND: NEW SOUTH WALES EGG CORPORATION Respondent JUDGE MAKING ORDER: LOCKHART J. DATE ORDER MADE: 22 APRIL 1988 WHERE ORDER MADE: SYDNEY MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The applicant bring in Short Minutes of Order to give effect to these reasons for judgment. 2. The matter is stood over to a date to be fixed for the

purpose of making declarations and orders on that date.

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