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Fehcorp Pty Ltd v Body Bronze International Pty Ltd

Fehcorp Pty Ltd v Body Bronze International Pty Ltd

Case [2009] VCC 1001

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AGLC: Fehcorp Pty Ltd v Body Bronze International Pty Ltd [2009] VCC 1001
Case: [2009] VCC 1001
Decision Date: 6 August 2009

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Citations

Fehcorp Pty Ltd v Body Bronze International Pty Ltd [2009] VCC 1001

Most Recent Citation

Body Bronze International Pty Ltd v Fehcorp Pty Ltd [2011] VSCA 196

Cases Citing This Decision

Body Bronze International Pty Ltd v Fehcorp Pty Ltd [2011] VSCA 196
Citation 1 (Para 1)

…factor relevant to his conclusion that Body Bronze engaged in unconscionable conduct. [4] Fehcorp Pty Ltd v Body Bronze International Pty Ltd & Ors [2009] VCC 1001 (hereafter referred to as ‘Reasons’) [111].…

Cases Cited

Statutory Material Cited

Cameron v Qantas Airways Ltd [2011] NSWCA 258
Citation 1

…is right or reasonable[97] and activity which involves doing what should not be done in good conscience.[98] [96] Cameron v Qantas Airways Ltd (1995) 55 FCR 147 [97] Qantas Airways Ltd v Cameron (1996) 66 FCR 246 [98] Australian Securities & Investments Commission (ASIC) v National Exchange Pty Ltd (2005) 148 FCR 1…
BMW Australia Finance Limited v Miller & Associates Insurance Broking Pty Ltd [2009] VSCA 117
Citation 2

…ing principles were set out as those which ought to be borne in mind in considering whether a breach of s.52(1) of the TPA has occurred: [90] [2009] VSCA 117, per Robson AJA, at p.135 “(a) A distinction is drawn between a representation to identified individuals and a representation to the public; (b) The conduct…
Skiwing Pty Limited trading as Cafe Tiffany's v Trust Company of Australia Ltd (Stockland Property Management Ltd) [2009] FCA 347
Citation 3

…Agreement was entered into. [95] Skiwing Pty Ltd trading as Cafe Tiffany’s v Trust Co of Australia Ltd (Stockland Property Management Ltd) [2009] FCA 347 ; Re McGrath, Pan Pharmaceuticals Ltd (in liq) v Australian Naturalcare Products Pty Ltd [2008] FCAFC 2 106 In these circumstances I am satisfied that the prov…
McGrath v Australian Naturalcare Products Pty Ltd [2008] FCAFC 2
Citation 4

…(Stockland Property Management Ltd) [2009] FCA 347 ; Re McGrath, Pan Pharmaceuticals Ltd (in liq) v Australian Naturalcare Products Pty Ltd [2008] FCAFC 2 106 In these circumstances I am satisfied that the provisions of s.51A of the TPA operate so as to require a finding that as at the time the Franchise Agreemen…
Australian Securities and Investments Commission v National Exchange Pty Ltd [2005] FCAFC 226
Citation 5

…147 [97] Qantas Airways Ltd v Cameron (1996) 66 FCR 246 [98] Australian Securities & Investments Commission (ASIC) v National Exchange Pty Ltd (2005) 148 FCR 132 110 I am satisfied that: • At the time at which the finance arrangement was discussed and agreed upon, BBI was well aware that the funds available to Fehco…
Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54
Citation 6 (Para 1)

…The Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 The Counterclaim Brought by BBI…
Hamilton v Whitehead [1988] HCA 65
Citation 7

…r those contraventions by reason of the provisions of s.75B(1) of the TPA . [100] Yorke v Lucas (1985) 158 CLR 661; see also Hamilton v Whitehead (1988) 166 CLR 121; Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1985) 61 ALR 504…
Yorke v Lucas [1985] HCA 65
Citation 8

…t BBI,[100] I am satisfied that they are liable for those contraventions by reason of the provisions of s.75B(1) of the TPA . [100] Yorke v Lucas (1985) 158 CLR 661; see also Hamilton v Whitehead (1988) 166 CLR 121; Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1985) 61 ALR 504…
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44
Citation 9

…ing that there was nothing in s.52 that confined it to conduct which was engaged in as a result of a failure to take reasonable care, observing: [92] (1982) 149 CLR 191 “… A corporation which has acted honestly and reasonably may therefore nevertheless be rendered liable to be restrained by injunction, and to pay dam…
Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd [1978] HCA 11
Citation 10

…n Centre Pty Ltd v Sydney Building Information Centre ,[91] when considering the effect of s.52 of the TPA , Steven J observed that s.52(1) was: [91] (1978) 140 CLR 216 “… concerned with consequences as giving to particular conduct a particular colour. If the consequence is deception, that suffices to make the conduc…
Cameron v Qantas Airways Limited (No. 2) [1995] FCA 356
Citation 11

…are irreconcilable with what is right or reasonable[97] and activity which involves doing what should not be done in good conscience.[98] [96] Cameron v Qantas Airways Ltd (1995) 55 FCR 147 [97] Qantas Airways Ltd v Cameron (1996) 66 FCR 246 [98] Australian Securities & Investments Commission (ASIC) v National Exchange Pty Ltd (2005…
Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd [1985] FCA 278
Citation 12

…Lucas (1985) 158 CLR 661; see also Hamilton v Whitehead (1988) 166 CLR 121; Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1985) 61 ALR 504…
Billy Baxters (Franchising) Pty Ltd v Trans-It Freighters Pty Ltd & Ors [2009] VSC 207
Citation 13

…per J in Billy Baxters (Franchising) Pty Ltd v Trans-It Freighters Pty Ltd ,[25] as the statement of the law which pertains to such a defence. [25] [2009] VSC 207 (28 May 2009), at paragraphs 9 to 11…

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