Collins v Trimatic Contract Services Pty Ltd and Ors (No.5)

In the Supreme Court of Queensland, the plaintiff, Collins, brought proceedings against the defendants, Trimatic Contract Services Pty Ltd and others. The dispute concerned allegations of misleading and deceptive conduct and breaches of contract arising from a joint venture agreement.

The court was required to determine whether the defendants had engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). Further, the court had to assess whether the defendants had breached the terms of the joint venture agreement and, if so, the appropriate remedies for those breaches.

Judge Jarrett found that the defendants had engaged in misleading and deceptive conduct by misrepresenting the financial position and prospects of the joint venture. The court applied the principles established in cases concerning misleading representations, focusing on the effect of the conduct on the relevant audience. The court also found that the defendants had breached express and implied terms of the joint venture agreement, including obligations of good faith and cooperation. The reasoning involved a detailed analysis of the evidence presented, including correspondence and financial records, to establish the nature and impact of the defendants' actions.

The court ordered that the plaintiff was entitled to damages for the losses suffered as a result of the misleading and deceptive conduct and the breaches of contract. The quantum of damages was to be assessed.