Hunt Australia v Davidson's Arnhemland Safaris [2000] FCA 1690

FEDERAL COURT OF AUSTRALIA

Hunt Australia Pty Ltd v Davidson's Arnhemland Safaris [2000] FCA 1690

TRADE PRACTICES – misleading and deceptive conduct – where letter distributed containing statement that distributor's competitor "…has currently no rights to operate in either of these two areas, which can only be accessed through the above bona fide licensed hunting safari operators" - where competitor in fact not licensed but could arrange access to the relevant areas through one of the licensed operators named – whether in context the letter was misleading or deceptive or likely to mislead or deceive PRACTICE AND PROCEDURE - jurisdiction – where defamatory assertions contained in letter, and the later circulation of response to that letter founds claim under Trade Practices Act 1974 - whether non-federal claim in defamation and federal claim under that Act are within the scope of one controversy – whether Federal Court has jurisdiction to entertain the non-federal claim DEFAMATION – corporations – where defamatory assertion referred to a named individual as being from a named corporation – whether assertion amounted to defamation of the corporation - whether corporation can recover damages for non-financial injury DEFAMATION – defence of qualified privilege – whether defence defeated by malice – whether answer of malice to defence of qualified privilege should be rejected if not expressly raised on the pleadings – consideration of appropriate quantum of damages Trade Practices Act 1974, s 52 Federal Court of Australia Act 1976, s 32 Federal Court Rules, O11 r10

Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457, cited Fencott v Muller (1983) 152 CLR 570, cited Stack v Coast Securities (No. 9) Pty Ltd (1983) 154 CLR 261, cited Horrocks v Lowe [1975] AC 135, cited Australian Broadcasting Corporation v Comalco Ltd (1986) 12 FCR 510, cited Bognor Regis UDC v Campion [1972] 2 QB 169, cited Bargold Pty Ltd v Mirror Newspapers Ltd & Anor [1981] 1 NSWLR 9, followed Lewis v Daily Telegraph [1964] AC 234, cited HUNT AUSTRALIA PTY LTD v DAVIDSON'S ARNHEMLAND SAFARIS PTY LTD (ACN 009 650 622) and MAXWELL JOHN DAVIDSON and PHILIPPA JANE DAVIDSON D 7 of 1999 SPENDER, DRUMMOND, KIEFEL JJ BRISBANE 22 NOVEMBER 2000