Transerve Pte Ltd v Blue Ridge WA Pty Ltd [2015] FCA 953

FEDERAL COURT OF AUSTRALIA

Transerve Pte Ltd v Blue Ridge WA Pty Ltd [2015] FCA 953 Citation: Transerve Pte Ltd v Blue Ridge WA Pty Ltd [2015] FCA 953

Parties: TRANSERVE PTE LTD, PT MULYA SURYA and LEEMBRUGGEN BUTLER PTY LTD (ACN 153 055 513) v BLUE RIDGE WA PTY LTD (ACN 147 886 173) and ALAN NEIL MACKENZIE

File numbers: SAD 269 of 2012

Judges: BARKER J

Date of judgment: 28 August 2015

Catchwords: CONSUMER LAW – whether second respondent made misleading or deceptive representations – personal liability of second respondent – second respondent not acting merely as corporate organ of first respondent – whether agency arrangements – pleaded representations not proved CONSUMER LAW – whether second respondent engaged in unconscionable conduct – circumstances of termination of subcontract – whether agency arrangements – conduct motivated by commercial interests – not unconscionable TORTS – whether second respondent intentionally interfered with contractual relations – second respondent understood first applicant to be in breach of subcontract – second respondent did not intend to cause or induce first respondent to breach subcontract – second respondent did not make conduct his own

Legislation: Australian Consumer Law s 18, s 21, s 22, s 22(1), s 22(2), s 236 Competition and Consumer Act 2010 (Cth) Sch 2 Trade Practices Act 1974 (Cth) s 51AC, s 52