NSW Caselaw
New South Wales District Court
CITATION: Suttram Pty Limited v S & A Cooke Pty Limited and Michelin Australia Pty Limited [2009] NSWDC 119 This decision has been amended. Please see the end of the judgment for a list of the amendments.
JUDGMENT DATE: 21 May 2009
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: The plaintiff's claim and reliance on Part 5A of the Trade Practices Act must fail.
CATCHWORDS: CIVIL LAW - Judgment - damages claim - loss of income - inconsistent statements - witness credibility - expert evidence - independent witnesses - whether a manufacturer - duty of care of manufacturer - duty of care of importer or distributor - causation - contributory negligence - applicability of Trade Practices Act provisions
LEGISLATION CITED: Trade Practices Act 1974 (Cth) s 74A s 74B s 74D s 74J Civil Procedure Act 2005 s 100
Donoghue v Stevenson [1932] AC 562 Grant v Australian Knitting Mills Ltd (1935) 54 CLR 49 Laundess v Laundess (1994) Aust Torts Rep 81-316 Laws v GWS Machinery Pty Limited (2007) 209 FLR 53 CASES CITED: March v E & MH Stramare Pty Limited (1991) 171 CLR 506 McPherson's Ltd v Eaton (2005) 65 NSWLR 1987 Minchillo v Ford Motor Company of Australia Limited [1995] 2 VR 594 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Thompson v Johnson & Johnson Pty Limited [1991] 2 VR 449
PARTIES: Suttram Pty Limited Michelin Australia Pty Limited
FILE NUMBER(S): 4530/06
COUNSEL: Mr Sharpe (plaintiff) Mr Vincent (2nd defendant)
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