Rick Damelian Pty Ltd v Daewoo Automotive Pty Ltd [1999] FCA 92

FEDERAL COURT OF AUSTRALIA

Rick Damelian Pty Ltd v Daewoo Automotive Australia Pty Ltd

[1999] FCA 92 TRADE PRACTICES - Trade Practices Act 1974 (Cth) – Fair Trading Act 1987 (NSW) - whether misleading or deceptive conduct – no question of principle

Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW) RICK DAMELIAN PTY LIMITED v DAEWOO AUTOMOTIVE AUSTRALIA PTY LIMITED & ANOR NG 515 of 1997

BRANSON J 12 FEBRUARY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 515 OF 1997

BETWEEN: RICK DAMELIAN PTY LIMITED

(ACN: 002-685-510)

Applicant

AND: DAEWOO AUTOMOTIVE AUSTRALIA PTY LIMITED (ACN: 063-424-537)

First Respondent

RICHARD KENNETH HULL

Second Respondent

JUDGE: BRANSON J

DATE OF ORDER: 12 FEBRUARY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 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 NG 515 OF 1997

BETWEEN: RICK DAMELIAN PTY LIMITED

(ACN: 002-685-510)

Applicant

AND: DAEWOO AUTOMOTIVE AUSTRALIA PTY LIMITED (ACN: 063-424-537)

First Respondent

RICHARD KENNETH HULL

Second Respondent

JUDGE: BRANSON J

DATE: 12 FEBRUARY 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is a proceeding in which the applicant, a major dealer in cars and car accessories and services in Sydney, claims relief for damage allegedly suffered by reason of alleged misleading and deceptive conduct engaged in by the respondents, or one of them. The first respondent ("DAA") is in the business of supplying Daewoo cars, car accessories and services through a network of dealerships. The second respondent was at all material times the managing director of DAA. The principal allegation made by the applicant against the respondents is that they, or one of them, falsely represented to the applicant that a termination clause included in the dealership agreement entered into between DAA and the applicant would not be exercised against the applicant. 2 The hearing was restricted to the issue of liability with assessment of damage, if any, to await determination of the issue of liability.