Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Conduit Advertising Pty Ltd v Anderson [2011] FCA 978 Citation: Conduit Advertising Pty Ltd v Anderson [2011] FCA 978
Appeal from: Conduit Advertising Pty Ltd v Anderson [2010] FMCA 962
Parties: CONDUIT ADVERTISING PTY LTD and ROBERT AUGUSTE v ANDREW BURT ANDERSON and ANDERSON EARTHMOVING PTY LTD AS TRUSTEE FOR THE ANDERSON EARTHMOVING TRUST
File number: WAD 417 of 2010
Judge: BARKER J
Date of judgment: 25 August 2011
Catchwords: APPEAL AND NEW TRIAL - appeal by way of rehearing from Federal Magistrates Court - whether misleading and deceptive conduct in relation to future acts - whether breach of earthmoving contract - whether negligence - appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Trade Practices Act 1974 (Cth) s 51A, s 52, s 82, s 87 Fair Trading Act 1987 (WA) s 9, s 10
Cases cited: Conduit Advertising Pty Ltd v Anderson [2010] FMCA 962 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Fubilan Catering Services Limited (Incorporated in PNG) v Compass Group (Aust) Pty Ltd [2008] FCAFC 53 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd [1988] FCA 40; (1988) 39 FCR 546 McDonald v Dennys Lascelles (1933) 48 CLR 457 Slinger v Southern White Pty Ltd [2005] SASC 267 Shevill v Builders Licensing Board [1982] HCA 47; (1982) 149 CLR 620 Western Australia v Ward (2002) 213 CLR 1
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