Frontline Hobbies Pty Limited v Peter Loveday [2009] NSWDC 87

New South Wales District Court

CITATION: Frontline Hobbies Pty Limited v Peter Loveday [2009] NSWDC 87

HEARING DATE(S): 4/5/09 - 7/5/09

JUDGMENT DATE: 14 May 2009

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraphs 48-51 of Judgment

CATCHWORDS: Contract for the Supply of Computer Software and Technology Services - Claim against Director of Company for being knowingly and directly concerned in misleading and deceptive conduct - Consideration of alleged misrepresentations - Assessment of damages

LEGISLATION CITED: Trade Practices Act 1974 (Cth) Civil Procedure Act 2000

PARTIES: Frontline Hobbies Pty Limited (Plaintiff) Peter Loveday (Defendant)

COUNSEL: J Sleight (Plaintiff) J Wilcsek (Defendant)

JUDGMENT

1 The plaintiff claims damages under s 82 (1) of the Trade Practices Act 1974 (Cth) (the "TPA") on the basis that the first defendant, Peter Loveday, was directly and knowingly concerned with and was party to misleading conduct within the terms of s 75B TPA. The misleading conduct is said to be in breach of s 52 TPA and arose from alleged representations made by Mr Loveday on behalf of the second defendant, Loveday Corporation Australia Pty Limited (the "Company"). Proceedings have been discontinued against that Company because it is in liquidation.

2 The plaintiff is a large retailer of specialised hobby goods. It operates from premises in Newcastle and has wholesale and retail divisions. It imports, distributes and sells hobby goods such as radio controlled cars, model kits, model railways and so on. A reasonable proportion of its business is done using its website.

3 The Company provided computer software products and services for small to medium businesses specialising in the importing, distribution and retailing of goods.