Toucha Pty Ltd v Thomas Taylor (Bowls) Limited [2017] FCA 514

FEDERAL COURT OF AUSTRALIA

Toucha Pty Ltd v Thomas Taylor (Bowls) Limited [2017] FCA 514 File number: WAD 390 of 2014

Judge: BARKER J

Date of judgment: 15 May 2017

Catchwords: TRADE PRACTICES – misleading or deceptive conduct under s 51A and 52 of Trade Practices Act 1974 (Cth) – accessorial liability under s 75B of the Act – where applicant and first respondent entered into distribution agreement – where second respondent was managing director of first respondent – whether respondents represented to applicant that it would enter into new distribution agreement with applicant – alleged representations not established – application dismissed

Legislation: Trade Practices Act 1974 (Cth) ss 51A, 52, 75B, 87

Date of hearing: 12-15 December 2016

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 138

Counsel for the Applicant: Mr P Lafferty

Solicitor for the Applicant: Kings Park Corporate Lawyers

Counsel for the Respondents: Mr J Slattery

Solicitor for the Respondents: Griffith Hack Lawyers

ORDERS WAD 390 of 2014

BETWEEN: TOUCHA PTY LTD ABN 22 119 817 953 Applicant

AND: THOMAS TAYLOR (BOWLS) LIMITED (COMPANY NO SC 136912) First Respondent

GRANT HERON Second Respondent

JUDGE: BARKER J DATE OF ORDER: 15 MAY 2017

THE COURT ORDERS THAT:

1. The application against each respondent should be dismissed with costs. 2. The respondents be entitled to costs, and are to make submissions as to a costs order within 7 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.