Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Robinson v Kenny [2014] FCA 988 Citation: Robinson v Kenny [2014] FCA 988
Parties: GRAHAM BRUCE ROBINSON v BRIAN KENNY and ABK AUSTRALIA PTY LIMITED (ACN 111 306 999)
File number: NSD 238 of 2010
Judge: FARRELL J
Date of judgment: 26 September 2014
Catchwords: TRADE PRACTICES – misleading or deceptive conduct – architect engaged to design house – architect initiated tender process – builder made oral qualification concerning cost of works – whether failure to convey qualification misleading or deceptive conduct – whether representations were estimates – whether architect "innocent conduit" of any representations made – proportionate liability – liability of builder TRADE PRACTICES – misleading or deceptive conduct – conduct of tender process – whether tender process unorthodox – whether misleading or deceptive representations made concerning conduct of tender process – involvement of architect in preparation of quote – whether tender process fair to all participants DAMAGES – proportionate liability – whether builder concurrent wrongdoer – whether builder engaged in misleading or deceptive conduct – apportionment of liability
Legislation: Civil Liability Act 2002 (NSW) Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth)
Cases cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 304 ALR 186 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Cassidy v Saatchi & Saatchi Australia Pty Ltd (2004) 134 FCR 585 Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCAFC 8 Gardam v George Wills & Co Ltd (1988) 82 ALR 415 Google Inc v Australian Competition and Consumer Commission (2013) 249 CLR 435 Henville v Walker (2001) 206 CLR 459 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Limited (2013) 247 CLR 656 John G Glass Real Estate Pty Ltd v Karawi Constructions Pty Ltd [1995] ATPR 41-249 Jones v Dunkel (1959) 101 CLR 298 Payne v Parker [1976] 1 NSWLR 191 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Warner v Elders Rural Finance Limited (1993) 41 FCR 399 Yorke v Lucas (1985) 158 CLR 661
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