NSW Caselaw
New South Wales Supreme Court
CITATION : The Beautiful Body Co (Intl) Pty Limited v David Eric Hammer & Ors [2009] NSWSC 91
HEARING DATE(S) : 23, 24, 25 February 2009
JUDGMENT DATE : 18 March 2009
JUDGMENT OF : Hammerschlag J
DECISION : The plaintiff's claim dismissed with costs
CATCHWORDS : TRADE PRACTICES – claim for damages for conduct alleged to be misleading or deceptive within s 42(1) Fair Trading Act 1987 (NSW) – allegation that defendant individuals represented that plaintiff was dealing with a particular entity and that defendant individuals represented they had authority to commit particular entity to a licensing agreement with the plaintiff when in fact they did not – claim that third defendant company was a person involved in the contravention – claimed that plaintiff suffered damages being commitments that it undertook in conducting a business having believed it obtained the rights under the licensing agreements to do so – held that individual defendants' conduct was in the circumstances not misleading or deceptive because it was not capable of misleading the plaintiff – held no damages suffered because plaintiff did not rely on the alleged inducement and in any event no damage proved – held that company defendant was not knowingly involved in any event because its guiding minds were not aware of the material facts constituting the contravention even if there was one
LEGISLATION CITED : Fair Trading Act 1987 (NSW)
CATEGORY : Principal judgment
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 2 TPR 48 Yorke v Lucas (1985) 158 CLR 661 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109 CASES CITED : Anema E Core Pty Ltd v Aromas Pty Ltd [1999] FCA 904 Briginshaw v Briginshaw (1938) 60 CLR 336 Helton v Allen (1940) 63 CLR 691 Rejfek v McElroy(1965) 112 CLR 517 Watson v Foxman (2000) 49 NSWLR 315 Macmillan v Mumby & Another [2006] NSWCA 74
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate