Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scoway Pty Ltd v Faxon Pty Ltd [2004] FCA 249
PRACTICE AND PROCEDURE – whether proof of service on absent respondents required before affidavits can be read – leave required to read affidavits without service – leave granted TRADE AND COMMERCE – misleading and deceptive conduct – where the making of a contract containing warranties which are false constitutes misleading and deceptive conduct – degree to which indemnity may be given to a person who is a conduit for misleading or deceptive information – entitlement to indemnity is for the whole of the loss claimed – damages awarded Federal Court Rules O 32 r 2(1)(d), O 14 r 7, O 1 r 8, O 32 r 2 Federal Court of Australia Act 1976 (Cth) s 51A Supreme Court Rules 1970 (NSW) Schedule J
Trade Practices Act 1974 (Cth) s 82 Fair Trading Act 1987 (NSW) s 68
Accounting Systems 2000 (Developments) Pty Ltd v CCH Australia Ltd (1993) 42 FCR 470 applied Cockburn v GIO Finance Ltd (No 2) (2001) 51 NSWLR 624 applied McCormick v Riverwood International (Australia) Pty Ltd [2000] FCA 32 applied Pantalone v Alaouie (1989) 18 NSWLR 119 applied SCOWAY PTY LTD v FAXON PTY LTD & ORS N 1370 OF 2002 HELY J 19 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1370 OF 2002
BETWEEN: SCOWAY PTY LTD
ACN 003 476 239
APPLICANT
AND: FAXON PTY LTD
ACN 091 404 125
FIRST RESPONDENT
DENIS CHRISTOPHER BARRY
SECOND RESPONDENT
ROBIN HENRY HARRISON
THIRD RESPONDENT
JOHN PATRICK GERAGHTY
FOURTH RESPONDENT
DATAGEM PTY LTD
ACN 010 989 394
FIFTH RESPONDENT BETWEEN: DATAGEM PTY LTD
ACN 010 989 394
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