Contact Minerals Pty Ltd v Mineral Providers Australia Pty Ltd [2001] FCA 1042

FEDERAL COURT OF AUSTRALIA

Contact Minerals Pty Ltd v Mineral Providers Australia Pty Ltd [2001] FCA 1042

TRADE PRACTICES – misleading and deceptive conduct – whether colloidal liquid health product was from original site – whether statements about the origin and processing of a product are in accordance with its claims – failure to call a witness – whether respondent made representations or was a mere conduit

Trade Practices Act 1974 (Cth) s 52 Amalgamated Television v Marsden (1998) 43 NSWLR 158 applied Jones v Dunkel (1959) 101 CLR 298 applied Yorke v Lucas (1985) 158 CLR 661 distinguished Nescor Industries Group Pty Limited v MIBA Pty Limited (1997) 150 ALR 633 cited Saints Gallery Pty Limited v Plummer (1988) 80 ALR 525 distinguished Logie Brae Pty Limited v Sevenhill Holdings Pty Limited (FCA, 27 October 1992, unreported) distinguished CONTACT MINERALS PTY LIMITED AND MARK ECKERSLEY v MINERAL PROVIDERS AUSTRALIA PTY LIMITED, DOUGLAS KINNON, C & M LABORATORIES INC AND ROBERT A MUSACH N 182 OF 1999 TAMBERLIN J SYDNEY 3 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 182 OF 1999

BETWEEN: CONTACT MINERALS PTY LIMITED

(080 004 593)

FIRST APPLICANT

MARK ECKERSLEY

SECOND APPLICANT

AND: MINERAL PROVIDERS AUSTRALIA PTY LIMITED

FIRST RESPONDENT

DOUGLAS KINNON

SECOND RESPONDENT

C & M LABORATORIES INTERNATIONAL INC

THIRD RESPONDENT

ROBERT A MUSACH

FOURTH RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 3 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The parties are directed to bring in draft Short Minutes of Orders to give effect to the reasons for judgment herein. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.