Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charben Haulage Pty Ltd v Environmental & Earth Sciences Pty Ltd [2004] FCA 403
TRADE PRACTICES – Alleged misleading conduct – Reports regarding remediation of contaminated site – Whether reports contained misleading statements – Reliance on reports – Whether consultant's report was activity in connexion with the sale … or the possible sale … of an interest in land' – Liability established as against corporation that issued report, but not against corporation that passed it on without adopting its contents. CONTRACT – Contractual liability of vendor of land under special condition of contract in respect of failure to ensure remediation of land – Breach of contract. NEGLIGENCE – Whether there was a relevant duty of care – Breach of duty. NEGLIGENT MISSTATEMENT – Duty of care. ASSESSMENT OF DAMAGES Trade Practices Act 1974 (Cth) ss 52, 53A(1), 75B, 82(1), 87
CHARBEN HAULAGE PTY LTD v ENVIRONMENTAL & EARTH SCIENCES PTY LTD and CALTEX PETROLEUM PTY LTD
N 626 of 2002
WILCOX J 8 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 626 of 2002
BETWEEN: CHARBEN HAULAGE PTY LTD
APPLICANT
AND: ENVIRONMENTAL & EARTH SCIENCES PTY LTD
FIRST RESPONDENT
CALTEX PETROLEUM PTY LTD
SECOND RESPONDENT
CALTEX PETROLEUM PTY LTD
CROSS CLAIMANT ON THE FIRST CROSS CLAIM
CHARBEN HAULAGE PTY LTD
FIRST CROSS RESPONDENT TO THE FIRST CROSS CLAIM
ENVIRONMENTAL & EARTH SCIENCES PTY LTD
SECOND CROSS RESPONDENT TO THE FIRST CROSS CLAIM
ENVIRONMENTAL & EARTH SCIENCES PTY LTD
CROSS CLAIMANT ON THE SECOND CROSS CLAIM
CALTEX PETROLEUM PTY LTD
CROSS RESPONDENT TO THE SECOND CROSS CLAIM JUDGE: WILCOX J
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