Paddison v Downer EDI Engineering Power Pty Ltd

CITATION:	Paddison v Downer EDI Engineering Power Pty Ltd [2010] NSWDC 131
HEARING DATE(S):	31 May 2010 and 1 - 4 June 2010
JUDGMENT DATE:	7 July 2010
JURISDICTION:	Civil
JUDGMENT OF:	Hungerford ADCJ
DECISION:	1. Verdicit and judgment for defendant against the plaintiff. 2. Plaintiff to pay the defendant's costs of the action on the ordinary basis in an amount as agreed or assessed.
CATCHWORDS:	TRADE PRACTICES - Misleading or deceptive conduct - Employment by contractor at remote mining site - Accommodation provided to employee by mine operator on site - Alleged misbehaviour by employee at accommodation facility - Representation by employer to mine operator resulting in employee's termination of employment on withdrawal of accommodation rights - Representation by silence - Whether representation "in trade or commerce" - Whether representation true - Nature of loss or damage - Damages - Interest - Costs
LEGISLATION CITED:	Civil Procedure Act 2005, s 100 Trade Practices Act 1974 (Cth), ss 51AA, 51AC, 52 and 82 Workplace Relations Act 1996 (Cth), ss 643(1)(a), 643(6) and (7), 672(2) and 672(3)(ii) Uniform Civil Procedure Rules 2005, Sch 5
CASES CITED:	Barto v GPR Management Services Pty Ltd (1991) 33 FCR 389 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 General Newspapers Pty Ltd v Telstra Corp (1993) 45 FCR 164 Houghton v Arms [2006] HCA 59; (2006) 225 CLR 553 Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 37 FCR 526 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Martin v Tasmania Development and Resources [1999] FCA 593; (1999) 89 IR 98; (1999) 163 ALR 79 McCormick v Riverwood International (Australia) Pty Ltd [1999] FCA 1640; (1999) 167 ALR 689 Mulcahy v Hydro-Electric Commission (1998) 85 FCR 170 O’Neill v Medical Benefits Fund of Australia Ltd [2002] FCAFC 188; (2002) 122 FCR 455 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514
PARTIES:	Michael Wayne Paddison - Plaintiff Downer EDI Engineering Power Pty Ltd - Defendant
FILE NUMBER(S):	320773 of 2008
COUNSEL:	Mr R de Meyrick for Plaintiff Ms M Painter for Defendant
SOLICITORS:	T D Kelly & Co for Plaintiff Fisher, Cartwright Berriman Pty Ltd for Defendant

JUDGMENT

1 After identification as being present at an incident during the evening of Saturday 9 June 2007 in the accommodation area for a remote mining operation in the Pilbara region in Western Australia, an employee of the electrical contractor working at the mine had his accommodation and site access rights withdrawn by the manager of the site. In the result, the employer summarily terminated his employment for breach of the camp code of conduct; five other employees were also dismissed from their employment for similarly being involved in the conduct. The employee denied he had been involved in the incident so that the representation of his identification, said to be made in trade or commerce, was false and thereby misleading or deceptive contrary…