Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd [1999] FCA 1299

FEDERAL COURT OF AUSTRALIA

Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd [1999] FCA 1299 TRADE PRACTICES – s 52 Trade Practices Act (Cth)– whether representations made in relation to gross profit margin – whether representations could form part of agreement where clause in agreement expressed to be entire agreement. CONTRACT – whether respondent breached agreement by failure to provide marketing assistance – amount owing under contract – whether notice of breach defective – whether, if notice defective, it gave rise to damages – whether contract capable of rectification – whether term should be implied into contract – whether wrongful termination of contract. PRACTICE AND PROCEDURE – whether rate of interest could be applied to outstanding sum under contract where no evidence led as to rate.

Co-Operatives Act 1983 (SA) ss 60(2) and 60(3) Trade Practices Act 1974 (Cth) s 52 Fair Trading Act 1987 (SA) s 56 Federal Court of Australia Act 1976 (Cth) s 51A

Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 applied Rawson v Hobbs (1961) 107 CLR 466 considered Amann Aviation Pty Ltd v The Commonwealth (1990) 22 FCR 527 considered The Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 considered Slee v Warke (1949) 86 CLR 271 considered Pukallus v Cameron (1982) 56 ALJR 907 considered

TIRANGO NOMINEES PTY LTD (ACN 006 777 537), PAMELA IRENE WILLIAMS as the personal representative of the estate of ALLEN JAMES WILLIAMS and PAULINE ANNE STOCKMAN v DAIRY VALE FOODS LIMITED

AND

DAIRY VALE FOODS LIMITED v TIRANGO NOMINEES PTY LTD

(ACN 006 777 537), PAMELA IRENE WILLIAMS as the personal representative of the estate of ALLEN JAMES WILLIAMS and PAULINE ANNE STOCKMAN VG 123 OF 1999

MANSFIELD J 15 SEPTEMBER 1999

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA