Gibbett v Forwood Products Pty Ltd [2001] FCA 290

FEDERAL COURT OF AUSTRALIA

Gibbett v Forwood Products Pty Ltd [2001] FCA 290 TRADE PRACTICES – misleading and deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) and negligent misrepresentation – applicant purchased wood shavings from first respondent for the purpose of packaging live crayfish – crayfish should not be packaged in wood shavings treated with chemicals – wood shavings treated with chemicals – whether this fact was adequately disclosed – whether representations regarding the amount of the chemical in the wood shavings and its harmful effects were misleading. SALE OF GOODS – whether implied condition that goods would be fit for the purpose was breached – s 14 I of the Sale of Goods Act 1895 (SA) – whether and at what time the applicant relied on respondent's skill and judgment in making representation. Trade Practices Act 1974 (Cth) s 52 Australia New Zealand Food Authority Act 1991 (Cth) South Australian Timber Corporation Act 1979 (SA) Sale of Goods Act 1895 (SA) s 14 I Fair Trading Act 1987 (SA) s 56 Food Act 1985 (SA) Health (Adoption of Food Standards Code) Regulations 1992 Payne v Parker [1976] 1 NSWLR 191 cited Jones v Dunkel (1959) 101 CLR 298 cited Dependable Motors Pty Ltd v Ashford Shire Council (1959) 101 CLR 265 applied Grant v Australian Knitting Mills [1936] AC 85 applied Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441 applied Cammell Laird & Co Ltd v Manganese Bronze & Brass Co Ltd [1934] AC 402 applied Astley v Austrust Ltd (1999) 197 CLR 1 applied Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 applied World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 applied Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 cited Hill v Van Erp (1997) 188 CLR 159 cited McInerney v Lloyds Bank [1974] 1 Ll Rep 246 cited Shaddock & Associates v Parramatta City Council (No 1) (1981) 150 CLR 225 cited Holmes v Jones (1907) 4 CLR 1692 applied Pennant Hills Restaurants Pty Ltd v Barrell Insurances Pty Ltd (1981) 145 CLR 625 applied The Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 applied Burns v MAN Automotive (Aust) Pty Ltd (1986) 161 CLR 653 cited KENNETH MAXWELL GIBBETT and BRISK SHAVINGS PTY LTD v FORWARD PRODUCTS PTY LTD (ACN 008 089 727) and THE STATE OF SOUTH AUSTRALIA SG 12 OF 1997