Skiwing Pty Limited trading as Café Tiffany’s v Trust Company of Australia Ltd (Stockland Property Management Ltd) [2009] FCA 347

FEDERAL COURT OF AUSTRALIA

Skiwing Pty Limited trading as Café Tiffany's v Trust Company of Australia Ltd (Stockland Property Management Ltd) [2009] FCA 347

TRADE PRACTICES – misleading or deceptive conduct – representations as to future matters – onus of proof in establishing 'reasonable grounds' for making representation – onus of proof when a corporate representor adduces some evidence it has reasonable grounds for making a representation – whether onus remains with a corporate representor or whether a deeming provision to that effect ceases to operate– non-fulfilment of a representation – whether part of a cause of action or connected with loss being suffered – limitation upon commencement of action – meaning of expression "date on which the cause of action accrued". DAMAGES – when non-negligible damage is first suffered. PRACTICE AND PROCEDURE – joinder of a party – limitation period – whether joinder or amendment would be permitted where new material facts would be pleaded. Federal Court of Australia Act 1976 (Cth) ss 31A, 59(2B) Trade Practices Act 1974 (Cth) ss 51A, 52, 82 Federal Court Rules O 13 r 2(3) Advanced Switching Services Pty Ltd v State Bank of New South Wales t/as Colonial State Bank [2007] FCA 954 Angel v National Australia Bank Ltd [2001] FCA 1053 Australian Securities and Investments Commission v Solution 6 Holdings Ltd (1999) 30 ACSR 605 Bill Acceptance Corporation Ltd v GWA Limited (1983) 50 ALR 242 Do Carmo v Ford Excavations Pty Ltd (1984) 154 CLR 234 Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (1993) 43 FCR 510 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Golski v Kirk (1987) 14 FCR 143 Grundy v Lewis (1995) 62 FCR 567 Harris v Western Australian Exim Corporation (1994) 56 FCR 1 James v Australia and New Zealand Banking Group Limited (1986) 64 ALR 347 McGrath v Australian Natural Care (2008) 165 FCR 230 Magman International Pty Ltd v Westpac Banking Corporation (1991) 32 FCR 1 Matthews v Ross Neilson Investments Pty Ltd [1995] FCA 1009 Murphy v Overton Investments Pty Limited (2004) 216 CLR 388 Phoenix Corp Pty Limited v Melbourne Central Pty Limited [1997] FCA 1101 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Rodgers v Commissioner of Taxation (1998) 28 ACSR 42 State of Western Australia v Wardley Australia Limited (1991) 30 FCR 245 Sykes v Reserve Bank of Australia (1998) 88 FCR 511 Ting v Blanche (1993) 118 ALR 543 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Williams v Milotin (1957) 97 CLR 465 SKIWING PTY LIMITED TRADING AS CAFÉ TIFFANY'S v TRUST COMPANY OF AUSTRALIA LTD (STOCKLAND PROPERTY MANAGEMENT LTD)