FEDERAL COURT OF AUSTRALIA
Blacker v National Australia Bank Ltd [2001] FCA 254
TRADE PRACTICES – borrowers induced to purchase dairy business by misrepresentations made by Bank – whether cause of action under s 82(1) of the Trade Practices Act 1974 (Cth) statute barred – when cause of action accrued – whether loss accrued only when purchasers ascertained that business was not viable.
DAMAGES –borrowers relying on Bank’s advice to purchase dairy business – whether damages for breach of duty include loss of borrowers’ “equity” – whether consequential losses compensable.
REMEDIES – s 87(1) of the Trade Practices Act 1974 (Cth) – whether loan transaction should be set aside.
Trade Practices Act 1974 (Cth), ss 51A, 52(1), 82(1), 82(2), 87(1), 87(1CA), 87(2).
Limitation Act 1969 (NSW), s 14.
Dairy Industry Act 2000 (NSW).Wardley Australia Ltd v Western Australia (1992) 175 CLR 514, applied.
Hawkins v Clayton (1988) 164 CLR 539, cited.
Karedis Enterprises Pty Ltd v Antoniou (1995) 59 FCR 35, discussed.
Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494, applied.
Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413, cited.
Potts v Miller (1940) 64 CLR 282, cited.
Gould v Vaggelas (1985) 157 CLR 215, cited.
South Australia v Johnson (1982) 42 ALR 161, discussed.
Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1, cited.
Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 57 ALR 167, cited.
Netaf Pty Ltd v Bikane Pty Ltd (1990) 26 FCR 305, applied.
Kenny & Good Pty Ltd v MGICA (1992) Ltd (1997) 77 FCR 307, cited.
Anema E Core Pty Ltd v Aromas Pty Ltd [1999] FCA 904, cited.
Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158, cited.PETER RAYMOND BLACKER & ANOR v NATIONAL AUSTRALIA BANK LTD
N 723 OF 2000WHITLAM, TAMBERLIN & SACKVILLE JJ
SYDNEY
19 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 723 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
PETER RAYMOND BLACKER and CHRISTINE BLACKER
APPELLANTSAND:
NATIONAL AUSTRALIA BANK LTD
RESPONDENTJUDGES:
WHITLAM, TAMBERLIN & SACKVILLE JJ
DATE OF ORDER:
19 MARCH 2001
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellants pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 723 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
PETER RAYMOND BLACKER and CHRISTINE BLACKER
APPELLANTSAND:
NATIONAL AUSTRALIA BANK LTD
RESPONDENT
JUDGES:
WHITLAM, TAMBERLIN & SACKVILLE JJ
DATE:
19 MARCH 2001
PLACE:
SYDNEY
REASONS FOR JUDGMENT
THE COURT
THE PROCEEDINGS
In this appeal it is not now in dispute that the appellants were induced to purchase a dairy farm and other assets by misrepresentations made by a branch manager of the…
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- Case
- [2001] FCA 254
- Decision Date
CaseChat Overview and Summary
The court of appeal held that the appeal must be dismissed. They noted that the bank did not challenge the primary judge's findings that it contravened s 52(1) of the Trade Practices Act, breached its duty of care to the appellants, and that the appellants were induced to purchase the dairy business based on the bank's misrepresentations. However, the court considered that the relief sought by the appellants under s 87(1) of the Trade Practices Act was framed by reference to the proceeds of the exercise of the bank's power of sale under various security instruments, which occurred after the primary judge delivered judgment. The court expressed no view on whether the appellants were entitled to invoke the powers conferred by s 87(1) of the Trade Practices Act, as this issue was not fully debated in the case.
The court ordered that the appeal be dismissed and that the appellants pay the respondent's costs. This decision concluded the appeal process, with the court finding that the bank was not liable for the relief sought by the appellants under the Trade Practices Act.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellants pay the respondent’s costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.