SUPREME COURT OF QUEENSLAND
CITATION:
PFJV Pty Ltd v Bartter Enterprises Pty Ltd [2024] QSC 114
PARTIES:
PFJV PTY LTD (ACN 614 586 4444) AS TRUSTEE FOR THE DONNYBROOK RAINBOW TRUST AND THE DONNYBROOK KUIKENS UNIT TRUST
(Plaintiff)
v
BARTTER ENTERPRISES PTY LTD (ACN 000 451 374)
(Defendant)
FILE NO/S:
BS 3716 of 2019
DIVISION:
Trial Division
PROCEEDING:
Trial
DELIVERED ON:
6 June 2024
DELIVERED AT:
Brisbane
HEARING DATE:
25, 26 and 28 March 2024
JUDGE:
Bowskill CJ
ORDERS:
The plaintiff’s claim is dismissed.
CATCHWORDS:
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS – where the plaintiff purchased a broiler chicken farm in November 2016 – where there was an existing broiler chicken (processing) contract in place for the farm between the seller, Repstar, and the defendant, and the existence of such a contract was necessary for the effective operation of the farm – where the broiler chicken contract was later assigned from Repstar to the plaintiff – where the broiler chicken contract included a termination clause, which provided for termination by the defendant in the event of closure of the processing plant on the giving of three months’ notice – where, in August 2017, the defendant notified the plaintiff it was closing its processing plant, and gave formal notice of termination under the contract – where, on 20 August 2016, prior to the purchase of the farm, a person who would later, once it was incorporated, become a director of the plaintiff, Mr Vorster, had a brief conversation with the general manager of the defendant’s Queensland operations, Mr Rapa – where the plaintiff’s directors say they relied on this conversation in deciding to cause the plaintiff to purchase the farm – where the plaintiff alleges that Mr Rapa failed to tell Mr Vorster that it was probable that, in or about 2017, the defendant would close its processing plant – where the plaintiff also alleges that the defendant failed to correct what Mr Rapa had said, or disclose this information, prior to consenting to the assignment of the broiler chicken contract to the plaintiff – whether the alleged conduct occurred, and was misleading or deceptive, in contravention of s 18 of the Australian Consumer Law – whether the defendant knew it was it probable that the processing plant would close in or about 2017 – whether, in any event, there was any obligation on the defendant to disclose its internal considerations in relation to the future of the processing plant – whether the directors of the plaintiff or, later, the plaintiff, relied on what was said by Mr Rapa in deciding to complete the purchase of the farm
Competition and Consumer Act 2010 (Cth), sch 2, ss 18(1), 236, 237
Addenbrooke Pty Ltd v Duncan (No 2) (2017) 348 ALR 1
Asden Developments Pty Ltd (in liq) v Dinoris (No 3) (2016) 114 ACSR 347
Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR…
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- Case
- [2024] QSC 114
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether Bartter's conduct was misleading or deceptive, whether Bartter knew or ought to have known about the impending closure of the processing plant, and whether Bartter had an obligation to disclose such information. Additionally, the court had to assess whether PFJV's directors or the company itself relied on the alleged non-disclosure in deciding to purchase the farm. The court examined the evidence regarding the conversation between Mr Vorster and Mr Rapa, the timing and content of any undisclosed information, and the reliance placed by PFJV on the statements made by Mr Rapa.
The court found that there was no evidence to support the claim that Bartter had an obligation to disclose its internal deliberations regarding the processing plant. Furthermore, it was determined that PFJV had not relied on any statements made by Mr Rapa in deciding to purchase the farm. Consequently, the court concluded that Bartter's conduct did not constitute misleading or deceptive conduct under the Australian Consumer Law. The court dismissed PFJV's claim in its entirety.
Orders
Orders of the court
The plaintiff’s claim is dismissed.
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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