Namoi Cotton Co-operative Limited v IAMA Agribusiness Pty Limited [2001] NSWSC 300

New South Wales Supreme Court

CITATION : Namoi Cotton Co-operative Limited v IAMA Agribusiness Pty Limited [2001] NSWSC 300 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50001/2000 HEARING DATE(S) : 9.04.2001 to 12.04.2001 JUDGMENT DATE : 28 May 2001

PARTIES : Namoi Cotton Co-operative Limited v IAMA Agribusiness Pty Limited JUDGMENT OF : Foster AJ at 1

COUNSEL : R. Harper/ J. Gillespie - Plaintiff A.S. Monzo - Defendant SOLICITORS : Phillips Fox - Plaintiff Webb & Boland - Defendant CATCHWORDS : Plaintiff sues defendant to recover amount alleged to have been paid by mistake - amount paid as result of misleading conduct on part of defendant - denied. LEGISLATION CITED : s 82 of the Trade Practices Act (Cth) 1974 s 42 of the Fair Trading Act 1987 David Securities Pty Limited v Commonwealth Bank of Australia (1992) 175 CLR 353 CASES CITED : Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Roadshow Entertainment Pty Limited v (ACN 053006269) Pty Limited (Receiver & Manager appointed) (1997) 42 NSWLR 462. DECISION : Plaintiff entitled to a verdict and judgment for the sum of $135,758.28 together with interest on that sum from the date of payment, 30 June 1999.; I shall hear the question of costs on a date to be arranged or, if the parties prefer, will deal with the question in the basis of written submissions.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

CORAM: FOSTER AJ