Brabazon, G. v Western Mail Ltd Summary

GviSTEkN AUSTRALIA DISTRICT REGISTRJ

No. WAG 32 of 1965

GENERAL

G I V I S I O N

ON APPFAL PROM A SINGLE JTJOGE OF THE FEDERAL

COURT

OF A[JSTRALIA

IN THE MAT

of an application for

damacres pursuant to the Trade

Practices

Act

1 9 7 4 .

BETWEEN :

Respondent

1. The appeal be dlsmissed.

2 .

The appellant pay the respondent's costs

of the

appeal.

3 .

Reserve

llberty to the respondent to

apply with

respect to outstanding reserved costs.

if any.

Note: Settlement and entry

of orders IS dealt with in Order

36 of the Federal Court Rules.

IN THE MA=

or' an application f o r

damaqes pursuant to the Trade

Practlces Act 1974.

1 .

A<$ ;__--.	,
,,

BETWEEN:

Respondent

COKAM:

Sweenev. Sheppard and Beaumont.

JJ.

DATED: 17 September 1985

REASONS FOR JUDGMENT

THE COrJkT:

In our oplnlon.

%he

appeal

should

dlsmlssed. We auree wlth the declslon of the learned Judge

and with

h l s reasons that no contraventlon of

s . 5 2 of the

Trade Practices Act, 1974 has been established. There is nothlna that we can usefully add in thls connection.

Since the question of damacres was not tully argued

I	betorc us. It is Inapproprlate that we make any observatlons on that, questlon.

The orders 01 the Court are

1. That %he appeal be dlsmlssed.

1. That the appellant, pav

%he respondent's

c o s t s of

the apaeal.

3 . Reserve Liberty to

the

respondent o

apply

wlth

respect

outstandlng

reserved costs. ~f anv.

I certlfy that thls and the l precedina

paue 1s a true copv of the reasons for	i '
I
!udgnent hereln of the Court.
Assoclate I Dated 17 September 1985.

Counsel and Solicitors	Mr. A. Camp was Instructed	bp
for Appellant:	R.J. Butcher & Co.

Counsel and Solicltors	Mr. M. Bennett was mstructed
for Respondent:	by Keall Brlnsden
Date of hearlnu:	17 September 1985
Date Judqment Dellvered:	17 Septenber 1985

CaseChat Overview and Summary

The case of Brabazon, G. v Western Mail Ltd was heard in the Federal Court of Australia, concerning an application for damages under the Trade Practices Act 1974. The appellant, G. Brabazon, sought damages from the respondent, Western Mail Ltd, for alleged contraventions of section 52 of the Trade Practices Act 1974. The single judge had dismissed the appellant's claim and the appellant subsequently appealed that decision.

The court had to determine whether the single judge's dismissal of the claim for damages was correct. The primary legal issue was whether the respondent had contravened section 52 of the Trade Practices Act 1974. The court also had to consider, though not fully argued before them, the question of damages. The single judge had found that no contravention of section 52 had occurred and dismissed the claim.

The court upheld the single judge's decision, agreeing that no contravention of section 52 had been established. The judges found nothing that would warrant a different conclusion from the single judge. The question of damages was not fully argued before the court, so they refrained from making any observations on that matter. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal. The court also reserved the respondent's liberty to apply with respect to any outstanding reserved costs.

Brabazon, G. v Western Mail Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established