Hampic Pty Ltd v Adams

Hampic Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned a claim for damages brought by Mr Adams against Hampic Pty Ltd, alleging misleading or deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). Mr Adams had suffered an injury allegedly due to the inadequacy of a product label on a cleaning substance manufactured by Hampic Pty Ltd.

The Court of Appeal was required to determine whether Hampic Pty Ltd had engaged in misleading or deceptive conduct, and if so, whether this conduct caused Mr Adams' injury. A further issue was whether the damages awarded should be reduced under section 151Z of the *Workers Compensation Act 1987* (NSW), which concerns the apportionment of liability between a manufacturer and an employer where both are found to be liable for an injury. The court also considered whether the framing of the cause of action, specifically a claim under the *Trade Practices Act*, destroyed the possibility of common liability for the purposes of apportionment.

The Court of Appeal held that the inadequacy of the product label constituted misleading or deceptive conduct. Crucially, the court affirmed that it was not necessary for Mr Adams to have relied directly on Hampic Pty Ltd's conduct to recover damages. The primary focus was on causation, and the court found that the inadequate labelling was a causative factor in Mr Adams' injury. Regarding the apportionment of liability, the court determined that the common liability of Hampic Pty Ltd and Mr Adams' employer was not extinguished by the nature of the claim brought against Hampic Pty Ltd. The court considered the causative impact of the respective actions of the manufacturer and the employer in assessing the apportionment.

The appeal was allowed in part, indicating that the original decision was varied in some respect, likely concerning the quantum of damages or the apportionment of liability.