Midland Metals Overseas PTE Ltd v Australian Cablemakers Association Ltd [2017] NSWCA 265

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Midland Metals Overseas PTE Ltd v Australian Cablemakers Association Ltd [2017] NSWCA 265 Hearing dates: 17 October 2017 Decision date: 17 October 2017 Before: Basten JA, Leeming JA, White JA Decision: 1. Leave to appeal granted. 2. Direct the applicant to file within seven days a notice of appeal in accordance with the draft in the white folder. Direct that the other requirements as to service in the rules be dispensed with. 3. Allow the appeal and set aside the orders made on 21 April 2017 and in lieu thereof there be a grant of leave to the appellant to amend the Commercial List Statement in the manner specified in its notice of motion filed 15 March 2017. 4. The respondents' notice of motion of 20 March 2017 is dismissed. 5. The respondents to pay Midland Metals' costs of the notices of motion filed 15 March 2017 and 20 March 2017 and of the proceedings in this court. Catchwords: CIVIL PROCEDURE - pleadings - allegations of misleading and deceptive conduct by representations contained in written communication - one of thirteen representations struck out - whether implied representation capable of being conveyed in context - appeal allowed Legislation Cited: Australian Consumer Law, s 18 Trade Practices Act 1974 (Cth), s 52 Cases Cited: Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304; [2009] HCA 25 Colgate-Palmolive Pty Ltd v Smithkline Beecham Holdings (Australia) Pty Ltd (1997) 39 IPR 147 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Wickstead v Browne (1993) 30 NSWLR 1; Wickstead v Browne (Transcript of Proceedings in the High Court, 30 April 1993) Category: Principal judgment Parties: Midland Metals Overseas PTE Ltd (Applicant) Australian Cablemakers Association Ltd (First Respondent) Frederick Persson (Second Respondent) Representation: Counsel: B Coles QC, P Walsh (Applicant) M Izzo, C Palmer (Respondents)