Midland Metals Overseas v Australian Cablemakers Association [2018] NSWSC 938

Supreme Court New South Wales

Medium Neutral Citation: Midland Metals Overseas v Australian Cablemakers Association [2018] NSWSC 938 Hearing dates: 12/06/2018, 13/06/2018 Date of orders: 21 June 2018 Decision date: 21 June 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Proceedings dismissed with costs; liberty to apply for some further or varied costs orders. Catchwords: COMMERCE – misleading or deceptive conduct – where the Australian Cablemakers Association sent letters to government Ministers informing them of safety concerns with Midland's cable – common ground that the letter contained incorrect representations – whether the letters had tendency to lead the recipient Ministers into error – enquiry to be conducted by reference to the objectively known characteristics of the recipient – each recipient had available considerable expert resources which they would inevitably consider before forming a conclusion on the letter – no likelihood that the letter by itself would lead any Minister into error – this conclusion is supported by reference to what actually took place – no misleading or deceptive conduct – proceedings dismissed. Legislation Cited: Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) Cases Cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Butcher v Lachlan Elder Reality Pty Ltd (2004) 218 CLR 592 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd 1982) 149 CLR 191 Category: Principal judgment Parties: Midland Metals Overseas Pte Limited (Plaintiff) Australian Cablemakers Association Limited (First Defendant) Frederick Persson (Second Defendant) Representation: Counsel: BA Coles QC / PB Walsh (Plaintiff) MA Izzo / J Granger (Defendants)