Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - Misleading or deceptive conduct - misrepresentations - whether reliance. EVIDENCE - Application of rule in Jones v Dunkel. Trade Practices Act 1974 s 52
Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 - Refd Jones v Dunkel (1959) 101 CLR 298 - Appl Kocscardi v Elegant Tiles Pty Ltd (unreported, Cooper J, Federal Court of Australia, 20 November 1996) - Refd O'Donnell v Reichard [1975] VR 916 - Appl Transport Industries Insurance Co Ltd v Longmuir [1997] 1 VR 125 - Refd Official Receiver in Bankruptcy v Alvaro (1996) 138 ALR 341 - Refd Payne v Parker [1976] 1 NSWLR 191 - Refd Rhone-Poulenc Agrochimie SA v UIM Chemical Services Pty Ltd (1986) 12 FCR 477 - Refd Ricochet Pty Ltd v Equity Trustees Executors and Agency Company (1993) 41 FCR 229 - Refd Clyde Industries Pty Ltd v Golden West Refining Corp Ltd (1996) ATPR Digest 14-160 - Refd THE BUILDERS WAREHOUSE GROUP LIMITED TRADING AS CAMPBELLS HARDWARE & TIMBER v MULTINAIL AUSTRALIA PTY LIMITED MULTINAIL AUSTRALIA PTY LIMITED v THE BUILDERS WAREHOUSE GROUP LIMITED TRADING AS CAMPBELLS HARDWARE & TIMBER No QG 41 of 1997 SPENDER, O'LOUGHLIN AND COOPER JJ BRISBANE 2 APRIL 1998
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 41 of 1997
BETWEEN: the builders warehouse group limited trading as campbells hardware & timber
and: appellant
multinail australia pty limited
respondent
AND: multinail australia pty limited
and: cross-applicant/respondent
the builders warehouse group limited trading as campbells hardware & timber
cross-respondent/appellant
JUDGES: SPENDER, O'LOUGHLIN AND COOPER JJ
DATE OF ORDER: 2 April 1998
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal, including reserved costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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