Blacker v National Australia Bank Ltd [2000] FCA 681

FEDERAL COURT OF AUSTRALIA

Blacker v National Australia Bank Ltd [2000] FCA 681

FEDERAL JURISDICTION – accrued jurisdiction – whether State "double function" legislation can be source of accrued jurisdiction CONSTITUTIONAL LAW – whether s 51AA(1) of Trade Practices Act invalid TRANSFER OF PROCEEDINGS – whether in interests of justice to transfer part of proceeding after judgment reserved TRADE PRACTICES – s 51A(2) of Trade Practices Act – nature of burden thereby imposed on corporation – how burden may be satisfied TRADE PRACTICES – reliance on misleading or deceptive conduct – how established – significance of fact that conduct intended to induce reliance LIMITATIONS – trade practices – when causes of action for breaches of ss 51AA and 52 of Trade Practices Act accrue NEGLIGENT MISREPRESENTATION – duty of care – whether respondent had assumed position of business adviser to applicants CONTRIBUTORY NEGLIGENCE – whether defence available when negligent misrepresentor intends to induce reliance on misrepresentation DAMAGES – negligent misrepresentation inducing acquisition of property – availability of reasonably foreseeable consequential damages where applicant cannot prove that value of property acquired was less than what was paid for it

Trade Practices Act 1974 (Cth) ss 51A, 51AA(1), 52(1), 82, 87

Fair Trading Act 1987 (NSW) s 42

Contracts Review Act 1980 (NSW) s7(1)

Judiciary Act 1903 (Cth) s 78B Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4)(b)(iii) Federal Courts (State Jurisdiction) Act 1999 (NSW) s 11(2) Rochester Communications Group Pty Ltd v Adler (1996) 65 FCR 572 followed Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 167 ALR 303 discussed Re Wakim; Ex parte McNally (1999) 163 ALR 270 referred to Byrnes v The Queen (1999) 164 ALR 520 referred to Edensor Nominees Pty Ltd v Australian Securities & Investments Commission (1999) 168 ALR 676 referred to Jeffcoat v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd [2000] FCA 655 (Kiefel J, 19 May 2000, unreported) referred to