Woolworths Ltd v Campbells Cash and Carry Pty Ltd [No 3]

Woolworths Ltd (the appellant) and Campbells Cash and Carry Pty Ltd (the respondent) were parties to litigation concerning alleged breaches of contract and misleading and deceptive conduct. The case reached the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in finding that Woolworths had engaged in misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act 1974 (Cth) and, relatedly, whether there had been a breach of contract. The court also considered the appropriate measure of damages arising from these findings.

The Court of Appeal, in its reasoning, focused on the interpretation of the conduct of Woolworths in light of the contractual arrangements and the objective circumstances. It applied established principles of contract law and the Trade Practices Act, particularly concerning the elements required to establish misleading or deceptive conduct. The court analysed the evidence to determine whether Woolworths' actions had created a false impression or misled Campbells Cash and Carry in a material way.

The Court of Appeal upheld the primary judge's findings regarding misleading and deceptive conduct and breach of contract, and consequently affirmed the award of damages.