Winning Appliances Pty Ltd v Dean Appliances Pty Ltd & Ors [1995] FCA 648

CATCHWORDS TRADE PRACTICES - s52 - whether sufficient evidence to enable assessment of damages. JLW (Vic) Pty Ltd v Tsilogou (1994) 1 VR 37 RAIA Insurance Brokers Ltd v FAI General Insurance Co Ltd (1993) 41 FCR 164 Prince Manufacturing Inc & Anor v Abac Corporation Australia Pty Ltd & Anor (1994) 4 FCR 288 Poseidon Ltd & Anor v Adelaide Petroleum NL & Ors (1991) 105 ALR 25 No. NG 974 of 1993 WINNING APPLIANCES PTY LTD v DEAN APPLIANCES PTY LTD and Ors MOORE J SYDNEY 22 August 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 974 of 1993 ) GENERAL DIVISION ) BETWEEN: WINNING APPLIANCES PTY LIMITED First Applicant AND: DEAN APPLIANCES PTY LIMITED First Respondent GARRY KEITH LEASK Second Respondent MARY CHRISTINE LEASK Third Respondent JUDGE: Moore J PLACE: Sydney DATE: 22 August 1995 ORDER OF THE COURT THE COURT ORDERS THAT: 1. That the Respondents pay the Applicant damages in the sum of $100.00. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 974 of 1993 ) GENERAL DIVISION ) BETWEEN: WINNING APPLIANCES PTY LIMITED First Applicant AND: DEAN APPLIANCES PTY LIMITED First Respondent GARRY KEITH LEASK Second Respondent MARY CHRISTINE LEASK Third Respondent JUDGE: Moore J PLACE: Sydney DATE: 22 August 1995 SUPPLEMENTARY REASONS FOR JUDGMENT On 6 July 1995 I published reasons for judgment in this matter though I invited further submissions on the issue of what damages, if any, should be awarded as a consequence of the finding I had made that the respondents had engaged in conduct in contravention of s52 of the Trade Practices Act 1974 ("the Act"). In that earlier judgment I adverted to several bases upon which damages might be awarded though I indicated reservations about the extent to which the evidence would justify an award of damages.