Crump & Ors v Equine Nutrition Systems Pty Limited Trading As Horsepower & Anor [2006] NSWSC 512

New South Wales Supreme Court

CITATION : Crump & Ors v Equine Nutrition Systems Pty Limited Trading As Horsepower & Anor [2006] NSWSC 512

HEARING DATE(S) : 06/05/05, 09/05/05, 10/05/05, 11/05/05, 12/05/05, 13/05/05, 16/05/05, 17/05/05, 18/05/05, 19/05/05, 20/05/05, 10/10/05, 11/10/05, 12/10/05, 13/10/05, 14/10/05, 17/10/05, 18/10/05, 19/10/05, 20/10/05, 21/10/05, 05/12/05, 06/12/05, 07/12/05, 08/12/05, 09/12/05, 12/12/05, 14/12/05, 15/12/05, 16/12/05

JUDGMENT DATE : 6 July 2006

JUDGMENT OF : Hoeben J at 1

DECISION : Judgment is entered in favour of Equine Nutrition Systems Pty Limited against the plaintiffs. Judgment is entered in favour of the plaintiffs against George Weston Foods Limited in the amount of $71,113. In respect of her claim for personal injuries, judgment is entered in favour of Vanessa Crump against George Weston Foods Limited in the amount of $9,450. In respect of his claim for personal injuries, judgment is entered in favour of George Weston Foods Limited against Rodney Crump. In respect of his claim for personal injuries, judgment in favour of Bernard Crump against George Weston Foods Limited subject to him making an election as to the basis for his claim. Costs reserved.

CATCHWORDS : TORT - liability of manufacturer and retailer of contaminated horse feed - factual issue as to whether feed purchased from retailer - TRADE PRACTICES ACT - whether conduct of retailer constituted misleading or deceptive conduct contrary to s52 - application of sections 74B, 75AD and 75AF to conduct of manufacturer. DAMAGES - method of valuing dead horse - method of valuing damaged horses - mitigation of damage - agistment costs for surviving horses - loss of profits from breeding program - claims for personal injury for nervous shock - aggravated and exemplary damages.