Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3) [2011] FCA 1122

FEDERAL COURT OF AUSTRALIA

Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3) [2011] FCA 1122 Citation: Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3) [2011] FCA 1122

Parties: PROSPERITY GROUP INTERNATIONAL PTY LTD ACN 110 539 636 and WORLDNET CORPORATION LIMITED PTY LTD ACN 113 910 124 v QUEENSLAND COMMUNICATION COMPANY PTY LTD ACN 126 049 385, AXIS TELECOMS PTY LTD ACN 126 049 205, CLEAR TELECOMS (AUST) PTY LTD ACN 129 296 573, AUSTRALIAN EQUIPMENT RENTALS PTY LTD ACN 126 049 376 and QUICK FUND (AUSTRALIA) PTY LTD ACN 116 768 711

File number: QUD 32 of 2009

Judge: LOGAN J

Date of judgment: 29 September 2011

Catchwords: TRADE PRACTICES – misleading or deceptive conduct – representations made by agent of third to fifth respondents – where written terms of contract did not incorporate those representations – where representations nonetheless formal terms of contract – whether applicants relied on those statements – misleading or deceptive conduct found TRADE PRACTICES – misleading or deceptive conduct – assignment of contracts – where contracts assigned by second respondent to third respondent – where representations made by agent of second and not third respondent – whether third respondent received burden as well as benefit of those contracts – third respondent did receive burden of contracts – third respondent liable in damages – s 87 of the Trade Practices Act 1974 (Cth) not applicable to third respondent AGENCY – whether person acted as agent of third to fifth respondents – where person held himself out as an agent – where first respondent shared premises with person – where fourth and fifth respondents often used brokers to arrange contracts – where third respondent incorporated after initial contracts signed – where person represented other members of third respondent's corporate group – person was agent of respondents