Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Berry v CCL Secure Pty Ltd [2017] FCA 1546 File number: NSD 2597 of 2013
Judge: RARES J
Date of judgment: 19 December 2017
Catchwords: TRADE PRACTICES – deceit – misleading or deceptive conduct – agency agreement between applicants and respondent for supply of polymer product for printing banknotes to Government of Nigeria – where agency agreement gave applicants right to commission for invoice sales of polymer – whether applicants signed letter terminating agency on basis of representations by respondent that, first, a new agency agreement would be executed between the parties on existing terms and or secondly, if applicants signed a second document to develop in partnership a production facility in Nigeria it would be executed by respondent immediately – whether representations made by respondent – whether representations constituted misleading or deceptive conduct and or unconscionable conduct – whether, if applicants did not sign termination letter, respondent would have exercised powers under agreement to unilaterally terminate agency agreement without cause
Legislation: Australian Consumer Law ss 5, 18, 20 Competition and Consumer Act 2010 (Cth) s 5, Sch 2 Evidence Act 1995 (Cth) ss 128, 136 Trade Practices Act 1974 (Cth) ss 5, 51AB, 52, 82 Prevention of Corruption Act 1906 (UK) s 1
Cases cited: Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 Berry v Innovia Security Pty Ltd (No 3) [2017] FCA 244 Berry v Innovia Security Pty Ltd (No 4) [2017] FCA 811 Commercial Union Assurance Company of Australian Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Farley (Aust.) Pty Ltd v JR Alexander & Sons (Queensland) Pty Ltd (1946) 75 CLR 487 Gluckstein v Barnes [1900] AC 240 Gnych v Polish Club Ltd (2015) 255 CLR 414 Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186 Gould v Vaggelas (1985) 157 CLR 215 Jones v Dunkel (1959) 101 CLR 298 Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCAFC 151 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Lazarus Estates Ltd v Beasley [1956] 1 QB 702 Master v Miller (1791) 4 TR 320 [100 ER 1042] Master v Miller (1793) 2 (H) Bl 141 [126 ER 474] R v Ellery [2012] VSC 349 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 Simic v New South Wales Land and Housing Corp (2016) 339 ALR 200 Smith v Chadwick (1884) 9 App Cas 187 Stohl Aviation v Electrum Finance Pty Ltd (1984) 5 FCR 187 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 Sir Thomas Bingham, "The Judge as Juror: The Judicial Determination of Factual Issues" (1985) Current Legal Problems 1
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