Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lindsey v Philip Morris Limited [2004] FCA 9
Trade Practices – Whether, in the circumstances, a failure to warn could constitute misleading or deceptive conduct – warnings about health risks required by law - conduct before the Trade Practices Act came into force - damages for lung disease and other conditions claimed – causation not pleaded – negligence – promotion merely puffery
Practice and procedure – application for summary judgment – no reasonable cause of action disclosed – whether frivolous or vexatious or an abuse of process of the Court
Trade Practices Act 1974 (Cth) ss 52 and 82 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 1979 (Cth) O 20 r 2
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Bell Wholesale Co Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 referred to Equity Access Pty Ltd v Westpac Banking Corporation (1989) 16 IPR 431; (1990) 12 ATPR 40, 994 referred to Jodast Pty Ltd v A & J Blattner Pty Ltd (1991) 104 ALR 248 referred to Dey v Victorian Railways Commissioners (1949) 78 CLR 62 referred to Webster v Lampard (1993) 177 CLR 598 referred to McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 applied Pridmore v Magenta Nominees Pty Ltd (1999) 161 ALR 458 considered Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 referred to Stenhouse v Coleman (1944) 69 CLR 457 referred to Gerhardy v Brown (1985) 159 CLR 70 referred to Holland v Jones (1917) 23 CLR 149 referred to Commonwealth Shipping Representative v P & O Branch Service [1923] AC 191 referred to All States Frozen Foods Pty Ltd v Commissioner of Taxation (1990) 21 FCR 457 referred to Australian Oil Refining Pty Ltd v Bourne (1980) 28 ALR 529 referred to General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164 applied Pappas v Soulac (1983) 50 ALR 231 applied Costa Vraca Pty Ltd v Berrigan Weed & Pest Control Pty Ltd (1998) 155 ALR 714 considered Rosenberg v Percival (2001) 205 CLR 434 referred to San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (1986) 162 CLR 340 referred to Cauvin v Philip Morris Limited [2003] NSWSC 1225 distinguished Attorney-General for the State of Victoria v Lindsey (unreported, Supreme Court of Victoria, Kellam J, 16 July 1998) referred to
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