Federal Court of Australia
Federal Court of Australia
Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 4) [2021] FCA 1219 File number(s): QUD 883 of 2016
Judgment of: GREENWOOD J
Date of judgment: 8 October 2021
Catchwords: DAMAGES – consideration of a claim under s 236(1) of the Australian Consumer Law ("ACL"), Schedule 2 to the Competition and Consumer Act 2010 (Cth) – consideration of the principles to be applied in determining whether a claimant has suffered loss "because of the conduct of another person" in circumstances where the conduct contravenes ss 18 and 29 of the ACL – consideration of loss suffered by a third person as a result of a representation made by the respondents to entities other than the applicant COMPETITION – consideration of the legislative norms in ss 18, 29 and 236(1) of the ACL – consideration of a claim for the recovery by action of a loss said to have been suffered "because of the conduct of another person" in circumstances where the conduct contravenes ss 18 and 29 of the ACL
Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2, ss 18, 29, 236 National Measurement Act 1960 (Cth) National Measurement Regulations 1999 (Cth), Regs 37, 58, 60
Cases cited: Addenbrooke Pty Ltd v Duncan (No 2) (2017) 348 ALR 1 Allianz Australia Insurance Limited v GSF Australia Pty Limited (2005) 221 CLR 568 Comcare v Martin (2016) 258 CLR 467 Digi-Tech (Australia) Ltd v Brand (2004) 62 IPR 184 Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479 Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 3) [2019] FCA 1258 Gould v Vaggelas (1985) 157 CLR 215 I & L Securities Pty Limited v HTW Valuers (Brisbane) Pty Limited (2002) 210 CLR 109 Janssen-Cilag Pty Ltd v Pfizer Pty Limited (1992) 37 FCR 526 Legal Services Board v Gillespie-Jones (2013) 249 CLR 493 Marks v GIO Australia Holdings Limited (1998) 196 CLR 494 Travel Compensation Fund v Tambree (2005) 224 CLR 627 Emeritus Professor Daniel Kahneman, Thinking Fast and Slow (1st ed, Farrar Straus and Giroux, 2011)
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