Stora Enso Australia Pty Ltd v CPI Group Limited [2006] FCA 1685

FEDERAL COURT OF AUSTRALIA

Stora Enso Australia Pty Ltd v CPI Group Limited [2006] FCA 1685

TRADE PRACTICES – misleading and deceptive conduct – invoice agreement between applicant and respondent whereby respondent undertook to pay invoices for supply of paper by applicant to third party companies – where respondent/cross-claimant at time considering acquiring third parties' business – where cross-claim that agreement invalid for misleading and deceptive conduct partly based on silence - whether cross-claimant could reasonably have expected cross-respondents to warn of companies' poor payment history and financial position

EVIDENCE – failure by both parties to call witness where both parties submitted that Jones v Dunkel inference should be drawn against other party - where witness equally available to both parties – whether principle in Jones v Dunkel applies

EVIDENCE – expert evidence – use of expert evidence to impeach credit of witness - opinion evidence about existence of fact furnished to prove fact's existence – whether permissible

Evidence Act 1995 (Cth) ss 55, 76 and 79 Trade Practices Act 1974 (Cth)s 52 Butcher and Another v Lachlan Elder Realty Pty Ltd (2004) 212 ALR 357 referred to Demagogue Pty Ltd v Ramensky and Another (1992) 39 FCR 31 applied Jones v Dunkel (1959) 101 CLR 298 referred to Smith v The Queen (2001) 206 CLR 650 referred to Warner and Another v Elders Rural Finance Limited and Others (1993) 41 FCR 399 discussed

STORA ENSO AUSTRALIA PTY LTD v CPI GROUP LIMITED NSD 1349 of 2004 MOORE J 8 DECEMBER 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 1349 OF 2004

BETWEEN: STORA ENSO AUSTRALIA PTY LTD (ABN 81 001 583 268)

Applicant/First Cross-Respondent

AND: CPI GROUP LIMITED (ACN 006 364 067)