Masters Dairy Ltd v Nagy, Gabor Martin & Anor [1998] FCA 907

FEDERAL COURT OF AUSTRALIA DAMAGES – action brought under Trade Practices Act 1974 (Cth) for misleading and deceptive conduct – calculation of damages – whether statutory payment ("payment") should be deducted from damages payable – whether right to payment is conferred independently of right to redress against others – whether payment was given with intent that it should be enjoyed in addition to and not in diminution of damages claim – determination of legislative intent – three indicia; financial source of benefit; presence of provision requiring repayment of statutory benefit out of damage awarded; nature of benefit – characterisation – payment of a capital nature or loss of income.

Trade Practices Act 1974 (Cth), ss 52 and 82 Dairy Industry Amendment Act 1994(WA), s 91 South Australian Workers Rehabilitation and Compensation Act 1986 (SA), s 54 Workers Compensation (Dust Diseases) Act 1942 (NSW) The National Insurance Company of New Zealand v Espagne (1961) 105 CLR 569, applied Graham v Baker (1961) 106 CLR 340, cited Wollington v State Electricity Commission of Victoria (No 2) [1979] VR 91, cited Redding v Lee (1982) 151 CLR 117, cited Manser v Spry (1994) 181 CLR 428, applied Harris v Commercial Minerals Limited (1996) 186 CLR 1, cited CSR Limited v D'Arcy (1996) 40 NSWLR 721, cited Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (1991) 104 ALR 397, cited British Westinghouse Electric and Manufacturing Co Limited v The Underground Electric Railways Co of London Ltd [1912] AC 673, cited Longden v British Coal Corporation (1997) 3 WLR 1336, followed

MASTERS DAIRY LIMITED v GABOR MARTIN NAGY and PATRICIA DOROTHY NAGY

WAG 11 OF 1998 FOSTER, LEE AND TAMBERLIN JJ 4 AUGUST 1998 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 11 of 1998