FEDERAL COURT OF AUSTRALIA
Jacara Pty Ltd v Auto‑Bake Pty Ltd [1999] FCA 417
EVIDENCE – Admissibility – Misleading or deceptive conduct – Representations made prior to lease of shops – Similar fact evidence – Whether relevant – Whether evidence could affect assessment of probability that representations made – Whether significant probative value – Whether evidence should be excluded on discretionary grounds.
Evidence Act 1995 ss 55, 56, 87 and 135
Mood Music Publishing Co Ltd v De Wolfe Ltd [1976] Ch 119 considered
Sheldon v Sun Alliance Ltd (1989) 53 SASR 97 cited
Turner v Jenolan Investments Pty Ltd (1985) ATPR 40,571 considered
Aroutsidis v Illawarra Nominees Pty Ltd (1990) 21 FCR 500 considered
Zaknic Pty Ltd v Svelte Corporation Pty Ltd (1995) 140 ALR 701 cited
Perry v The Queen (1984) 150 CLR 580 cited
Hoch v The Queen (1988) 165 CLR 292 cited
Boyce v Cafred Pty Ltd (1984) 4 FCR 367 cited
D F Lyons Pty Ltd v Commonwealth Bank of Australia (1991) 100 ALR 468 cited
Drambo Pty Ltd v Westpac Banking Corporation (unreported, Federal Court, 1 August 1996) citedJACARA PTY LTD v AUTO‑BAKE PTY LTD and PERPETUAL TRUSTEES WA LTD
VG 702 OF 1996
SUNDBERG J
15 APRIL 1999
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 702 OF 1996
BETWEEN:
JACARA PTY LTD (ACN 005 876 479)
ApplicantAND:
AUTO-BAKE PTY LTD (ACN 004 460 333)
First RespondentPERPETUAL TRUSTEES WA LTD (ACN 008 666 886)
Second Respondent
JUDGE:
SUNDBERG J
DATE OF ORDER:
15 APRIL 1999
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The motion notice of which was filed on 1 March 1999 be dismissed.
2.The applicant pay the second respondent’s costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 702 OF 1996
BETWEEN:
JACARA PTY LTD (ACN 005 876 479)
ApplicantAND:
AUTO-BAKE PTY LTD (ACN 004 460 333)
First RespondentPERPETUAL TRUSTEES WA LTD (ACN 008 666 886)
Second Respondent
JUDGE:
SUNDBERG J
DATE:
15 APRIL 1999
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
BACKGROUND
The applicant has sued the second respondent (“Perpetual”) for relief under Part VI of the Trade Practices Act 1974 arising out of representations alleged to have been made to its director, Ashley Williams, by Perpetual’s agent, Philippa Robertson , which it claims were misleading and deceptive and upon which it relied in entering into a lease of a shop in the Parkmore Shopping Centre from which to carry on business as a biscuit maker.
The representations alleged are these:
·On the completion of the extensions and renovations then being carried out at the Centre (“the redevelopment”) there would be a substantial increase in the number of customers attending the Centre
·Prior to the commencement of the redevelopment there had been approximately 125,000 customers who attended the Centre each week, but this number would rise by at least 50 to…
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- Case
- [1999] FCA 417
- Decision Date
CaseChat Overview and Summary
The court considered the principles of evidence law, particularly those relating to similar fact evidence and its admissibility. The court held that the evidence in question could potentially affect the assessment of the probability that Auto-Bake made certain representations to Jacara. Furthermore, the court found that the evidence had significant probative value and could not be excluded on discretionary grounds. The court concluded that the evidence was relevant and could assist in determining the truth of the matter in dispute, which was whether Auto-Bake engaged in misleading or deceptive conduct by making representations to Jacara prior to the lease of the shops.
The court dismissed the motion to exclude the evidence, finding that it was admissible in the trial. Consequently, the applicant was ordered to pay the costs of the motion to the second respondent. The court’s decision underscored the importance of considering the relevance and probative value of evidence when assessing its admissibility in cases involving allegations of misleading or deceptive conduct.
Orders
Orders of the court
1. The motion notice of which was filed on 1 March 1999 be dismissed.
2. The applicant pay the second respondent’s costs of the motion.
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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