Baillieu Knight Frank (Gold Coast) Pty Ltd v Susan Pender Jewellery Pty Ltd [1996] FCA 969

CATCHWORDS TRADE PRACTICES - damages - whether losses sustained by reason of conduct in breach of Trade Practices Act 1974 (Cth), s.52 - misrepresentation that a trader would be sole retailer of goods in shopping centre - circumstances indicating representation was false prior to event triggering complaint - whether chain of causation broken - question of fact for the trial Judge.

PRACTICE AND PROCEDURE - interest pursuant to Federal Court of Australia Act 1976 (Cth), s 51A - whether discretion of trial Judge miscarried. Trade Practices Act, 1974 (Cth), ss 52, 82 Federal Court of Australia Act, 1976 (Cth), s 51A Gould v Vaggelas (1985) 157 CLR 215 Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359 March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 Wardley Australia Limited v State of Western Australia (1992) 175 CLR 514 BAILLIEU KNIGHT FRANK (GOLD COAST) PTY LTD v SUSAN PENDER JEWELLERY PTY LTD QG 147 OF 1996 Sackville, Kiefel, Finn, JJ Brisbane 7 November, 1996

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 147 of 1996 GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: BAILLIEU KNIGHT FRANK (GOLD COAST) PTY LTD Appellant AND: SUSAN PENDER JEWELLERY PTY LTD Respondent CORAM: SACKVILLE, KIEFEL, FINN, JJ. PLACE: BRISBANE DATE: 7 NOVEMBER, 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 147 of 1996 GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: BAILLIEU KNIGHT FRANK (GOLD COAST) PTY LTD Appellant AND: SUSAN PENDER JEWELLERY PTY LTD Respondent CORAM: SACKVILLE, KIEFEL, FINN, JJ. PLACE: BRISBANE DATE: 7 NOVEMBER, 1996