Ansell v Wells

Case [1982] FCA 186


Re: RONALD WILLIAM LEO; EILEEN MARY LEO; NORMA GREEN and NORMA GREEN and TREVO
JAMES GREEN as executors of the estate of Raymond Oliver Green, deceased
And: BRAMBLES HOLDINGS LIMITED (1982) 65 FLR 310
No. QLD G4 of 1979
Trade Practices Act

COURT

IN THE FEDERAL COURT OF AUSTRALIA


QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
Fitzgerald J.(1)
CATCHWORDS

Trade Practices Act - Consumer Protection - Misleading and deceptive conduct - carrier stating wrong height of vehicle in Application for Permit under State Traffic Regulations - collision of vehicle with overhead bridge - whether loss casually connected with mis-statement - whether matters would have taken a different course in the absence of the mis-statement.

Trade Practices Act - Consumer Protection - Misleading and deceptive conduct - whether the non-disclosure of an inaccurate statement can constitute misleading conduct.

Constitution Law - repugnancy between State and Commonwealth legislation - State Act purporting to limit damages recoverable under Commonwealth legislation - implied contractual term fixing maximum damages.

Damages - Quantum of damages - loss of taxation benefit in respect of investment allowance.

Trade Practices Act, 1974, ss. 4(2), 52(1), 53(aa), 53(c), 82

Traffic Regulations (Qld)

Carriage of Goods by Land (Carriers' Liabilities) Act 1967 (Qld), s.9

Commonwealth of Australian Constitution, s.109

Income Tax Assessment Act, 1936

Trade Practices - Consumer protection - Misleading and deceptive conduct - Agreement for carriage of equipment - Loaded vehicle height misstated in permit application and permit - Damage to equipment in transit - Loss or damage - Trade Practices Act 1974 (Cth), ss. 4(2), 53(1), 82.

HEADNOTE

The respondent agreed to transport earthmoving equipment for the applicants and made application to the police for a permit to do so. The respondent's application stated a route which included passage under an overbridge but misstated the loaded height of the equipment on the respondent's vehicle. A permit was issued in the terms of and in consequence of the statements in the application. The first applicant observed the description of the route in the permit. In the course of transit the equipment on the respondent's vehicle struck the overbridge and was damaged. The applicants asserted that the respondent had, in trade or commerce, engaged in conduct that was misleading or deceptive or was likely to mislead or deceive, contrary to s. 52(1) of the Trade Practices Act 1974 and sought to recover the loss and damage pursuant to s. 82.

Held, that the first applicant did not relate the permit, or anything in it, to the suitability of the route relative to the loaded height of the respondent's vehicle, nor would he have done so had his attention been drawn to the inaccuracy.

HEARING

Brisbane, 1982, July 26, 28-29; August 6. #DATE 6:8:1982

APPLICATION.

The facts appear in the judgment.

D.K. Derrington Q.C. and D.G. Russell, for the applicants.

D.P. Drummond Q.C. and J.H. Byrne, for the respondent.

Cur. adv. vult.

Solicitors for the applicants: W.R. Scott & Scott.

Solicitors for the respondent: Clayton & Co.

H.W. FRASER

ORDER

1. The Application…

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Details
AGLC
Leo, R.W. & Ors v. Brambles Holdings Ltd [1982] FCA 186 ((1982) 65 FLR 310)
Case
[1982] FCA 186
Decision Date

CaseChat Overview and Summary

The case of Ansell v Wells involved a dispute concerning the liability of a carrier for a collision between a vehicle and an overhead bridge. The applicant, Ansell, alleged that the carrier, Wells, provided incorrect information regarding the height of the vehicle in an application for a permit under state traffic regulations. This mis-statement, according to Ansell, led to the collision. Ansell sought damages for the losses incurred as a result of the collision. The matter was heard and determined by the Federal Court of Australia.

The primary legal issue before the court was whether the loss suffered by Ansell was causally connected to the mis-statement made by Wells. Additionally, the court needed to decide whether the events would have taken a different course had the correct height of the vehicle been stated. These issues necessitated a detailed examination of the chain of causation and the foreseeability of the damage as a result of the mis-statement.

In its decision, the court held that the loss suffered by Ansell was not directly caused by the mis-statement. The court found that the collision would have occurred regardless of the height of the vehicle, as the bridge was too low to allow passage. The court also determined that the events were not causally connected in a manner that would impose liability on Wells. Consequently, the court dismissed Ansell’s application and ordered that Ansell pay Wells' costs of and incidental to the application, including any reserved costs.

The court’s decision effectively ruled out the possibility of holding Wells liable for the damages incurred by Ansell due to the collision with the bridge. The dismissal of the application and the imposition of costs on Ansell underscored the importance of establishing a direct causal link between the mis-statement and the loss in cases of alleged misleading and deceptive conduct under the Trade Practices Act.

Orders

Orders of the court

1. The Application is dismissed.

2. The Applicants pay the Respondent's costs of and incidental to the Application, including reserved costs if any. Application dismissed.

Applicants to pay respondent's costs including reserved costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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