Re: GEORGE ZARAVINOS
And: DAIRY FARMERS CO-OPERATIVE LIMITED and PURE PAK AUSTRALIA PTY. LIMITED
Re: OURIANA ZARAVINOS
And: DAIRY FARMERS CO-OPERATIVE LIMITED and PURE PAK AUSTRALIA PTY. LIMITED
(1985) 7 FCR 195 Nos. G277 and G278 of 1983
(1985) ATPR para 40 - 559
Trade Practices
COURT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Lockhart J.(1)
CATCHWORDS
Trade Practices - preliminary question of law - whether the Court has jurisdiction to hear the proceedings - whether the provisions of the Pure Food Act 1908 (N.S.W.) answer the description of a prescribed consumer safety standard within the meaning of para. 62(1)(a) of the Trade Practices Act 1974 - whether the applicants answer the description of "a person who suffers loss or damage by conduct of another person that was done in contravention of" s. 82 of the Trade Practices Act - costs.
Trade Practices Act 1974: ss. 62, 74B, 74D, 74G and 82.
Pure Food Act 1908 (N.S.W.): ss. 10, 13(1).
Trade Practices - Consumer protection - Product safety and information standards - Applicability of standard prescribed under State law - Breach of Pure Food Act 1908 (NSW) - Contravention of Trade Practices Act 1974 (Cth), s 62(1) - Pure Food Act 1908 (NSW) - Trade Practices Act 1974 (Cth), s 62(1).
Trade Practices - Enforcement and remedies - Actions for damages - Conditions and warranties - Breach - Statutory right to recover for loss by conduct contravening Act - Breaches not conduct in contravention of Pt V, Trade Practices Act 1974 (Cth) - Trade Practices Act 1974 (Cth), ss 74B, 74D, 74G and 82.
HEADNOTE
Held: (1) The Pure Food Act, ss 10, 13(1) cannot prescribe consumer product safety standards for the purposes of the Trade Practices Act, s 62(1).
(2) Breaches of the conditions and warranties implied by ss 74B, 74D and 74G of the Act are not conduct in contravention of Pt V within the meaning of s 82 of the Act.
Arturi v. Zupps Motors Pty Ltd (1980) 49 FLR 283; Zalai v. Col Crawford (Retail) Pty Ltd (1980) 2 NSWLR 438, applied.
HEARING
Sydney, 1985, March 13-14. #DATE 14:3:1985
TRIAL OF ACTION
On the trial of an action for alleged breaches of the Trade Practices Act 1974, ss 62, 74B, 74D and 74G the first respondent contended that the court did not have jurisdiction.
F Gormly QC and P Blacket, for the applicants.
B Toomey QC and D T Kennedy, for the first respondent.
T J Clarke, for the second respondent.
Cur adv vult
Solicitors for the applicants: Turner Freeman.
Solicitors for the first respondent: Aitken & Pluck.
Solicitors for second respondent: Henry Davis York.
BAG
ORDER
The proceedings G277 and G278 of 1983 be dismissed.
There be no order as to the costs of any party to these proceedings.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
Orders accordingly
JUDGE1
When the hearing of these two matters began…
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- Case
- [1985] FCA 90
- Decision Date
CaseChat Overview and Summary
The court addressed several legal issues, including whether the Pure Food Act could be considered a prescribed consumer safety standard under the Trade Practices Act. The court concluded that the Pure Food Act did not fit the description of a prescribed consumer safety standard as it was not specifically prescribed by regulation. Furthermore, the court found that the applicants did not suffer loss or damage due to the misleading conduct, as the products were safe and complied with all relevant safety standards. Consequently, the applicants were not eligible to seek relief under section 82 of the Trade Practices Act.
In light of the findings, the court dismissed the proceedings. The respondents' motion to dismiss the proceeding was upheld, and the court ruled that there would be no order regarding the costs of any party involved in the proceedings. The dismissal was based on the court's determination that the applicants did not meet the criteria for relief under section 82 of the Trade Practices Act and that the Pure Food Act did not constitute a prescribed consumer safety standard. The court's decision was in accordance with Order 36 of the Federal Court Rules, which governs settlement and entry of orders.
Orders
Orders of the court
The proceedings G277 and G278 of 1983 be dismissed.
There be no order as to the costs of any party to these proceedings.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
Orders accordingly
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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