Bailey v Veda Advantage Information Services and Solutions Limited (No 2) [2008] FCA 730

FEDERAL COURT OF AUSTRALIA

Bailey v Veda Advantage Information Services and Solutions Limited (No 2) [2008] FCA 730

PRACTICE AND PROCEDURE – class actions – nine related proceedings under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – each applicant and represented group member claiming to have been refused credit by credit provider in reliance on misleading credit report issued by respondent credit reporting agency in course of its credit reporting business – claims based on alleged contravention of s 52 of Trade Practices Act 1974 (Cth) (TP Act) and negligence under the general law – whether s 65A of TP Act defeated claim based on alleged contravention of s 52 – whether proper pleading of a case of "negligent system" in nature of an "honour system" dependent on subscribers entering correct data into respondent's databank. Held: (1) s 65A defeated claim founded on alleged contravention of s 52; (2) pleading pleaded a duty of care not to cause economic loss owed to the world at large and was deficient.

TRADE PRACTICES – class actions – nine related proceedings under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – each applicant and represented group member claiming to have been refused credit by credit provider in reliance on misleading credit report issued by respondent credit reporting agency in course of its credit reporting business – claims based on alleged contravention of s 52 of Trade Practices Act 1974 (Cth) (TP Act) and negligence under the general law – whether s 65A of TP Act defeated claim based on alleged contravention of s 52 – whether proper pleading of a case of "negligent system" in nature of an "honour system" dependent on subscribers entering correct data into respondent's databank. Held: (1) s 65A defeated claim founded on alleged contravention of s 52; (2) pleading pleaded a duty of care not to cause economic loss owed to the world at large and was deficient. TORT – class actions – nine related proceedings under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – each applicant and represented group member claiming to have been refused credit by credit provider in reliance on misleading credit report issued by respondent credit reporting agency in course of its credit reporting business – claims based on alleged contravention of s 52 of Trade Practices Act 1974 (Cth) (TP Act) and negligence under the general law – whether s 65A of TP Act defeated claim based on alleged contravention of s 52 – whether proper pleading of a case of "negligent system" in nature of an "honour system" dependent on subscribers entering correct data into respondent's databank. Held: (1) s 65A defeated claim founded on alleged contravention of s 52; (2) pleading pleaded a duty of care not to cause economic loss owed to the world at large and was deficient.