Ridgway, T.W. & Anor v Consolidated Energy Corporation Pty Ltd & Anor [1986] FCA 626

Ridgway, T.W. & Anor v Consolidated Energy Corporation Pty Ltd & Anor [1986] FCA 626

The second respondent is liable jointly with the first respondent for payment of damages as assessed because he was aware of the absence of title and was warned, applying ss.82 and 75B of the Trade Practices Act 1974.

Parties
First Applicant: Terance William Ridgway; Second Applicant: Consolidated Energy Corporation Pty. Limited; First Respondent: Consolidated Energy Corporation Pty. Limited; Second Respondent: Terence George Morrow
Jurisdiction
Australia
Judgment Date
09 December 1986
Procedural Posture
Civil / Supplementary Reasons for Judgment and Final Orders
Outcome
Judgment for the applicants jointly and severally against the second respondent; orders for payment of damages and costs.
Legal Topics
Misleading or Deceptive Conduct, Liability for Damages, Costs
Trade Practices Misleading or Deceptive Conduct Liability for Damages Costs

Case Brief

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Parties

Terance William Ridgway

First Applicant

Consolidated Energy Corporation Pty. Limited

Second Applicant

Consolidated Energy Corporation Pty. Limited

First Respondent

Terence George Morrow

Second Respondent

Procedural Posture

Civil / Supplementary Reasons for Judgment and Final Orders

Legal Issues

  1. 1 Whether the second respondent was aware of the lack of title to grant licenses
  2. 2 Whether the second respondent is jointly liable for damages under Trade Practices Act provisions

Ratio Decidendi

The second respondent is liable jointly with the first respondent for payment of damages as assessed because he was aware of the absence of title and was warned, applying ss.82 and 75B of the Trade Practices Act 1974.

Court Disposition

Judgment for the applicants jointly and severally against the second respondent; orders for payment of damages and costs.

Orders

  • The second respondent pay to the Deputy Registrar for payment to the first applicant $201,529.83.
  • The second respondent pay to the Deputy Registrar for payment to the second applicant $88,792.56.