Lovick & Son Developments Pty Ltd & Anor v Doppstadt Australia Pty Ltd & Anor [2012] NSWSC 529

Supreme Court New South Wales

Medium Neutral Citation: Lovick & Son Developments Pty Ltd & Anor v Doppstadt Australia Pty Ltd & Anor [2012] NSWSC 529 Hearing dates: 1, 2, 3, 6, 7, 8, 9, 10, 13 December 2010 and 21 June 2011, Reserved 4 July 2011 Decision date: 21 May 2012 Jurisdiction: Equity Division Before: Slattery J Decision: The defendants made misleading and deceptive representations to the plaintiffs, that there was a failure by the plaintiffs to mitigate loss, that the allegations of contributory negligence were not made out and that there were no concurrent wrongdoers. Further directions given. Catchwords: TRADE AND COMMERCE - Trade Practices Act 1974 and related legislation - engineering company purchases green waste shredder for approximately $6 million - representations alleged before purchase as to the performance and suitability of the machine for the purchaser's purposes - whether shredding machine did not perform in accordance with representations - whether representations misleading and deceptive - representations as to future matters - operation of Trade Practices Act, s 51A - future matters - proof of reasonable grounds - HELD: some representations made but others not - defendants not established reasonable grounds for representations made - representations misleading and deceptive. Legislation Cited: Civil Liability Act 2002 (NSW) Fair Trading Act 1987 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: ACCC v IMB Group Pty Ltd [2002] FCA 402 Bill Acceptance Corporation Ltd v GWA Ltd (1983) 50 ALR 242 Chandra v Perpetual Trustees Victoria Limited [2007] NSWSC 694 Daniels v Anderson (1995) 37 NSWLR 438 Digi-Tech (Australia) Ltd v Brand [2004] NSWCA 58 Downey v Carlson Hotels Asia Pacific Pty Ltd [2005] QCA 199 Duke Group (in Liq) v Pilmer (No 2) [2000] SASC 418 Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 Henjo Investments Pty Limited v Collins Marrickville Pty Limited (No 1) (1988) 39 FCR 546 Jacques v Cut Price Deli Pty Ltd (1993) ATPR (Digest) 46-102 King & Rylands v Milpurrurru, Marika, Payunka & Public Trustee for the Northern Territory (1996) 66 FCR 474 Lewarne v Momentum Productions Pty Ltd [2007] FCA 1136 Quinlivan v ACCC [2004] FCAFC 175 Re McGrath; Pan Pharmaceuticals Limited (in liq) v Australian Naturalcare Products Pty Ltd (2008) 165 FCR 230 Reinhold v New South Wales Lotteries Corporation (No 2) [2008] NSWSC 187 Rexstraw v Johnson [2003] NSWCA 287 Sykes v Reserve Bank of Australia (1998) 88 FCR 511 Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC 1463 Vella v Permanent Mortgages Pty Ltd (2008) 13 BPR 25,343 Vinidex Tubemakers Pty Ltd v Thiess Contractors Pty Ltd [2000] NSWCA 67 Category: Principal judgment Parties: First Plaintiff:- Lovick & Son Developments Pty Ltd Second Plaintiff:- Engineering Pty Ltd First Defendant:- Doppstadt Australia Pty Ltd Second Defendant:-Raymond James Davis Representation: Counsel: