FEDERAL COURT OF AUSTRALIA
Caple v All Fasteners (WA) (A Firm) [2005] FCA 1558
TRADE PRACTICES – appeal – misleading and deceptive conduct – accessorial liability – alleged representations in Business Report and Purchase Agreement – whether primary finding of inferred actual knowledge in error of law – rule in Browne v Dunn not assist appellant – issues of causal connection unnecessary to decide – absence of evidence that representations were put in cross-examination – absence of foundation for inferences – no basis of direct liability
Fair Trading Act 1985 (WA) ss 4, 10
Trade Practices Act 1974 (Cth) ss 52, 75B, 82, 87All Fasteners (WA) v Grant Caple Pty Ltd & Ors [2003] FMCA 430 referred to
Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1 cited
Arktos Pty Ltd v Idyllic Nominees Pty Ltd [2004] FCAFC 119 distinguished
Browne v Dunn (1893) 6 R 67 considered
Commercial Union Assurance Company of Australia Ltd v Ferrcom (1991) 22 NSWLR 389 distinguished
Costa Vraca Pty Ltd v Derrigan Weed and Pest Control Pty Ltd (1998) 155 ALR 714 referred to
Doney & Anor v Palmview Sawmill Pty Ltd & Ors [2005] QSC 62 referred to
Henville v Walker (2001) 206 CLR 459 referred to
Jones v Dunkel (1959) 101 CLR 298 considered
Micarone v Perpetual Trustees [1999] SASC 265 distinguished
Quinlivan v Australian Competition & Consumer Commission [2004] FCAFC 175 followed
Rinbridge Marketing Pty Ltd v Walsh [2000] FCA 1738 cited
Sutton v A J Thompson Pty Ltd (in liq) & Ors (1987) 73 ALR 233 referred to
Trade Practices Commission v Mobil Oil Australia Ltd (1984) 3 FCR 168 considered
Yorke v Lucas (1985) 158 CLR 661 followedMICHELLE CAPLE v ALL FASTENERS (WA) (A FIRM)
WAD 13 of 2005NICHOLSON J
4 NOVEMBER 2005
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 13 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
MICHELLE CAPLE
APPELLANTAND:
ALL FASTENERS (WA) (A FIRM)
RESPONDENTJUDGE:
NICHOLSON J
DATE OF ORDER:
4 NOVEMBER 2005
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The appeal be allowed.
2(a)Order 1 made by Federal Magistrate McInnis dated 10 December 2004 be set aside.
(b) Orders 3 and 4 be set aside so far as they relate to the appellant.
3.In lieu of Order 1 it is ordered:
(a)the respondent’s amended application in respect of the appellant be dismissed.
(b)the respondent pay the appellant’s costs of the application and the appeal, to be taxed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 13 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
MICHELLE CAPLE
APPELLANTAND:
ALL FASTENERS (WA) (A FIRM)
RESPONDENT
JUDGE:
NICHOLSON J
DATE:
4 NOVEMBER 2005
PLACE:
PERTH
REASONS FOR JUDGMENT
This is an appeal from a judgment of a Federal Magistrate given on 10 December 2004.…
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- Case
- [2005] FCA 1558
- Decision Date
CaseChat Overview and Summary
The court found that there was insufficient evidence to support the findings of the Federal Magistrate regarding the Thai nails representation and the retirement of the sales representative. The court noted that there was no evidence that the appellant was aware of the contents of the Business Report or that she had actual knowledge of the misrepresentations and their falsity. The court also found that there was no evidence that the appellant had been told that the sales representative was retiring or that he would be joining a competitor. The court concluded that the appellant's dissatisfaction with the quality of the product from Thailand did not establish that she had actual knowledge of the misrepresentation and its falsity.
Based on the above findings, the court allowed the appeal and set aside the orders made by the Federal Magistrate. The court dismissed the respondents' amended application in respect of the appellant and ordered the respondents to pay the appellant's costs of the application and the appeal.
Orders
Orders of the court
1. The appeal be allowed.
2(a) Order 1 made by Federal Magistrate McInnis dated 10 December 2004 be set aside.
(b) Orders 3 and 4 be set aside so far as they relate to the appellant.
3. In lieu of Order 1 it is ordered:
(a) the respondent’s amended application in respect of the appellant be dismissed.
(b) the respondent pay the appellant’s costs of the application and the appeal, to be taxed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: NICHOLSON J
Full text does not contain this section.