Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd [2000] FCA 1524

FEDERAL COURT OF AUSTRALIA

Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd [2000]

FCA 1524 TRADE PRACTICES – Alleged misleading conduct – Whether there was a representation as to projected gross profits – Spreadsheet of income produced by respondent during course of negotiations – Whether appellants relied on this document – Inadequacies of evidence concerning damage – Whether it was open to appellants to make a case on appeal that respondent had misled them as to allocation of product outlets – Cross-claim on guarantee – Whether rectification appropriate – Whether cross-claim covered by unrectified guarantee. TIRANGO NOMINEES PTY LTD, PAMELA WILLIAMS (as Executrix of the Estate of the late Allen James Williams) and PAULINE ANNE STOCKMAN v DAIRY VALE FOODS LIMITED S87 OF 1999 WILCOX, MOORE and KIEFEL JJ SYDNEY (HEARD IN ADELAIDE) 30 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S87 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: TIRANGO NOMINEES PTY LTD, PAMELA WILLIAMS (as Executrix of the Estate of the late Allen James Williams) and PAULINE ANNE STOCKMAN

Appellants

AND: DAIRY VALE FOODS LIMITED

Respondent

JUDGE: WILCOX, MOORE and KIEFEL JJ

DATE OF ORDER: 30 OCTOBER 2000

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants, Tirango Nominees Pty Ltd, Pamela Williams (as executrix of the estate of the late Allen James Williams) and Pauline Anne Stockman, pay the costs of the appeal incurred by the respondent, Dairy Vale Foods Limited. 3. The order of Mansfield J dismissing the cross-claim against the second and third cross-respondents be set aside. 4. Judgment be entered in favour of the cross-claimant, Dairy Vale Foods Limited, against the cross-respondents, Pamela Williams (as executrix of the estate of the estate of the late Allen James Williams) and Pauline Anne Stockman, in the sum of $247,497.74. 5. The said cross-respondents pay the costs of the cross-appeal incurred by the said cross-claimant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.