FEDERAL COURT OF AUSTRALIA
Murphy v Overton Investments Pty Limited [2001] FCA 500
TRADE PRACTICES – Trade Practices Act 1974 (Cth) s 82 – “loss or damage” – requirement of causal link between loss or damage and conduct done in contravention of the Trade Practices Act – measure of damage not to be confined by analogy to other causes of action – measure of damage calculated on the basis of loss actually suffered or likely to be suffered – no compensation for a mere loss of expectation – misleading conduct found by primary judge in representations regarding lease of property to appellants by respondent retirement village – unchallenged evidence of appellants that had they not entered lease with respondent they would have entered lease with another retirement village – whether sufficient evidence before primary judge to calculate loss, if any, to appellants on the basis of misleading conduct – relevance of “rule” in Potts v Miller (1940) 64 CLR 282
TRADE PRACTICES – cause of action – when accrued
ESTOPPEL – equitable estoppel – identification of assumption adopted – whether reasonable and whether sufficiently precise – whether conduct of respondent unconscionable
JURISDICTION – whether s 7(1) of the Contracts Review Act1980 (NSW) is capable of being exercised by the Federal Court sitting in NSW by virtue of s 79 of the Judiciary Act 1903 (Cth)
WORDS AND PHRASES – “loss or damage” – “injury”
Trade Practices Act 1974 (Cth) ss 4K, 52, 82, 87
Judiciary Act 1903 (Cth) s 79
Contracts Review Act 1980 (NSW) s 7
Misrepresentation Act 1967 (UK)Potts v Miller (1940) 64 CLR 282, discussed
Hawkins v Clayton (1988) 164 CLR 539, cited
Pritchard v Racecage Pty Ltd (1997) 72 FCR 203, referred to
Marks v GIO Australia Holdings Limited (1998) 196 CLR 494, followed
Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1, considered
Wardley Australia Ltd v Western Australia (1992) 175 CLR 514, considered
Kizbeau Pty Ltd v WG & B Pty Ltd (1995) 184 CLR 281, cited
Toteff v Antonas (1952) 87 CLR 647, considered
Gould v Vaggelas (1985) 157 CLR 215, cited
Smith New Court Securities Ltd v Citibank NA [1997] AC 254, cited
Blacker v National Australia Bank Ltd [2001] FCA 254, referred to
Australian Securities and Investment Commission v Edensor Nominees Pty Ltd [2001] HCA 1, followed
Smith v Smith (1986) 161 CLR 217, distinguished
Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387, followed
Legione v Hateley (1983) 152 CLR 406, considered
Commonwealth v Verwayen (1990) 170 CLR 394, followed
Woodhouse AC Israel Cocoa Ltd SA v Nigerian Produce Marketing Co Ltd [1972] AC 741, cited
Blomley v Ryan (1956) 99 CLR 362, cited
Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485, cited
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447, considered
Christopoulos v Angelos (1996) 41…
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- Case
- [2001] FCA 500
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The appeal be stood over until 16 May 2001 for the purpose of making orders giving effect to these reasons, including orders as to costs.
2. The parties provide to the Associate of Branson J, by 9 May 2001, an agreed minute of the orders to be made (including the orders to be made as to costs) and if agreement has not by then been reached, the minutes of orders for which they will respectively contend and brief outlines of submissions in support of the orders.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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