R. A. Wright & Sons v Amalgamated Chemicals Limited & Anor [1988] FCA 159

JUDGMENT No. 154733 |

CATCHWORDS

TRADE PRACTICES ~ claim for damages - causation - whether one should infer causal connection from time sequence.

DAMAGES - certainty of proof -

whether damages must be

despite deficiencies in evidence.

Trade Practices Act 1974, s.52

R.A. Wright and Sons

v. Amalgamated Chemicals Limited & Anor

Qid G8 of 1987

PINCUS J. _ 8 APRIL 1988 . a 2, 7 X% * * it iS sy Lon i "e &, fm Sb ti YZ I rey SS be SR -

assessed

Wy IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G8 of 1987 DIVISION ) BETWEEN: R.A. WRIGHT SON

Applicant AND: AMALGAMATED CHEMICALS LIMITED First Respondent AND: BO! FARMERS CO-OPERATIVE ASSOCIATION LIMITED

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 8 APRIL 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. the application be dismissed;

2. the applicant pay the respondents' costs of and incidental to the proceedings to be taxed, other than the costs relating to the evidence of the witnesses whose affidavits are numbers 47 and 67 in the Court files.

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

a aw

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G8 of 1987 GENERAL DIVISION ) BETWEEN: R.A. WRIGHT AND SONS Applicant AND: AMALGAMATED CHEMICALS LIMITED First Respondent AND: BOWEN FARMERS CO-OPERATIVE ASSOCIATION LIMITED

Second Respondent

PINCUS J. 8 APRIL 1988

REASONS FOR JUDGMENT

The applicant firm sues for damages for breaches of s.52 of the Trade Practices Act 1974 and breach of contract. Its case is that the respondents supplied a fertiliser called "Foli-Fert" which was contaminated with herbicide; on being sprayed on the applicant's tomato seedlings, the contaminated fertiliser

destroyed many of them, causing severe loss of production.