FEDERAL MAGISTRATES COURT OF AUSTRALIA
| DARMODY & ORS v NATIONAL CENTRE AUTOMOTIVE | [2003] FMCA 358 |
| TRADE PRACTICES – Jurisdiction – statutory limit to awards of damages – claim for damages in excess of the statutory limit – misleading and deceptive conduct – offer of employment not honoured – applicants suffering loss in relying upon the offer and resigning from existing employment. CONTRACT – Employment – offer and acceptance – breach. |
Magistrates Court (Civil Jurisdiction) Act 1982 (ACT), s.230
Trade Practices Act 1974 (Cth), ss.51A, 52, 53B, 82, 86, 86AA
Workplace Relations Act 1986 (Cth), s.170
Agius v Great Western Colliery company [1899] 1 QB 413
Alucraft Pty Ltd (in liq) v Grocon Ltd (No 2) [1996] 2 VR 386
Ammand v Thompson (1979) 25 ALR 91
Antioniou v Karedis Enterprises Pty Ltd (1995) ATPR 41-400
Automatic fire sprinklers v Watson (1946) 72 CLR 435
Avenhouse v Hornsby Shire Council (1998) 44 NSWLR 1
Baltic Shipping Co v Dillon (1993) 176 CLR 344
Barto v GPR Management Services [1992] ATPR 40,205
Byrne v Australian Airlines Ltd (1995) 185 CLR 410
Byrne v Frew (1995) 185 CLR 410
Carr v J A Berriman Pty Ltd (1953) 89 CLR 327
Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64
Conquest v Ebbetts [1896] AC 490
Cormier Enterprises Ltd v Costello (1980) 108 DLR (3d) 472
Cummings v Lewis (1993) ATPR (digest)
C Czarnikow Ltd v Koufos [1969] 1 AC 350
Czarnikow v Koufos (1969) 1AC 385
Gates v City Mutual Life (1986) 160 CLR 1
GEC Marconi v BHP Information Technology [2003] FCA 50
Hadley v Baxendale (1854) 9 Exch 354
Hammond & Co v Bussey (1887) 20 QBD 79
Henville v Walker (2001) 75 ALJR 1410
Hornsby Building Information Centre Pty Ltd & Anor v Sydney Building Information Centre Ltd (1978) 140 CLR 216
James v ANZ Banking Group Ltd (1986) 64 ALR 347
Johnson v Agnew [1980] AC 367
Johnson v Perez (1988) 166 CLR 351
Lyndel Nominees Pty Ltd v Mobil Oil Australia Ltd (1997) 37 IPR 599
Neilsen v Hempston Holdings Pty Ltd (1986) ATPR 40-686
O’Neill v Medical Benefits Fund of Australia Ltd [2002] FCAFC 188; (2002) ATPR 41-882
Pappas& Anor v Soulac Pty Ltd & Anor (1983) ATPR 40-411
Parkdale Custom Built Furniture v Puxu Pty Ltd (1982) 149 CLR 191
Radford v De Froberville [1977] 1 WLR 1262
Robinson v Harman (1848) 1 EX 850
Sellard v Adelaide Petroleum NL (1994) 179 CLR 332
Sullivan v Macquarie Pathology Services Pty Ltd (1995) ATPR (digest) 46-143
Sutton v AJ Thompson Pty Ltd (1995) ATPR (digest) 46-143
TC Industrial Plant Pty Ltd v Robert’s Queensland Pty Ltd (1963) 180 CLR 130
Tito v Waddell (No 2) [1977] Ch 106
Wardley v state of Western Australia (1992) 175 CLR 514
Wenham v Ella (1992) 127 CLR 454
| Applicants: | DOMINIC DARMODY KATE BEATON |
| Respondent: | NATIONAL CENTRE AUTOMOTIVE trading as Gregory’s Ford, Braddon |
| File Nos: | CZ39 of 2002 CZ40 of 2002 |
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- Case
- [2003] FMCA 358
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the respondent, through Trevor Steenholdt, made misleading or deceptive representations to the applicants, thereby breaching sections 52 and 53B of the Trade Practices Act 1974 (Cth). The applicants argued that the representations were misleading and deceptive as they induced them to resign from their positions without the promise of new employment being fulfilled. The court had to determine if the representations were indeed misleading and if the respondent was liable for the resulting damages.
The court found that the respondent, through Trevor Steenholdt, did indeed make misleading and deceptive representations to the applicants, which led them to resign from their previous employment. The court held that the respondent was liable for the breaches of sections 52 and 53B of the Trade Practices Act 1974 (Cth). The court awarded damages to the applicants, with the amounts varying based on the individual circumstances of each applicant. The court also ordered the respondent to pay interest on the damages from specified dates and directed the respondent to cover the applicants’ costs and disbursements associated with the proceedings.
Orders
Orders of the court
1.
The Court declares that the respondent, through Trevor Steenholdt, breached ss.52 and 53B of the Trade Practices Act 1974 (Cth) in representing to the applicants that they would be employed by the respondent at Gregory’s Ford in Braddon if they resigned their employment with Canberra Toyota at Belconnen.
2.
The respondent is to pay damages to the first applicant, Duncan Beaton, in the sum of $15,657, plus interest up to judgment at the rate of 8.45 per cent from 1 March 2001.
3.
The respondent is to pay damages to the second applicant, Kate Beaton, in the sum of $18,905, plus interest up to judgment at the rate of 8.45 per cent from 1 February 2001.
4.
The respondent is to pay damages to the third applicant, Dominic Darmody, in the sum of $4,000, plus interest up to judgment at the rate of 8.45 per cent from 5 February 2001.
5.
Settlement and entry of these orders may be effected pursuant to order 36 of the Federal Court Rules.
6.
The respondent is to pay the applicants’ costs and disbursements of and incidental to the application in accordance with the
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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