Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Primus Telecommunications Pty Ltd v Kooee Communications Pty Ltd [2011] FCA 8 Citation: Primus Telecommunications Pty Ltd v Kooee Communications Pty Ltd [2011] FCA 8
Parties: PRIMUS TELECOMMUNICATIONS PTY LTD (ACN 071 191 396) v KOOEE COMMUNICATIONS PTY LTD (ACN 00 341 331)
File number(s): VID 1227 of 2007
Judge: MARSHALL J
Date of judgment: 12 January 2011
Catchwords: TRADE PRACTICES—Misleading and deceptive conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth) —whether acts and omissions in seeking to terminate a contractual arrangement for the provision of telecommunication services amounted to conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth)—whether applicant relied on the contravening conduct— whether there was loss and damage flowing from the misleading and deceptive conduct pursuant to s 82 of the Trade Practices Act 1974 (Cth)—calculation of interest payments on damage sustained.
Legislation: Federal Court of Australia Act 1976 s 51A Trade Practices Act 1974 (Cth) ss 52, 82
Cases cited: Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682 CCP Australian Airships Ltd v Primus Telecommunications Pty Ltd (2005) ATPR 42-042 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 57 ALR 167 General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1988) 39 FCR 546 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 2) (1989) 40 FCR 76 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Poseidon Ltd v Adelaide Petroleum NL (1991) 105 ALR 25 Primus Telecommunications Pty Ltd v Kooee Communication Pty Ltd [2008] FCA 1027 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514
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