Ridgway & Anor v. Consolidated Energy Corporation Pty Ltd & Anor [1986] FCA 562

Ridgway & Anor v. Consolidated Energy Corporation Pty Ltd & Anor [1986] FCA 562

The first respondent made misleading and deceptive representations about holding the exclusive Australian licence to distribute the Energy Computer, in breach of s.52 and other provisions of the Trade Practices Act 1974, causing loss to the applicants who relied on those representations.

Parties
First Applicant: Terance William Ridgway; Second Applicant: Consolidated Energy Corporation Pty. Limited (SA); First Respondent: Consolidated Energy Corporation Pty. Limited (NSW); Second Respondent: Terence George Morrow
Jurisdiction
Australia
Judgment Date
27 November 1986
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the applicants against the first respondent; judgment for the second respondent deferred with leave to apply.
Legal Topics
Misleading or Deceptive Conduct, Accessory Liability, Damages
Trade Practices Consumer Protection Misleading or Deceptive Conduct Accessory Liability Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Terance William Ridgway

First Applicant

Consolidated Energy Corporation Pty. Limited (SA)

Second Applicant

Consolidated Energy Corporation Pty. Limited (NSW)

First Respondent

Terence George Morrow

Second Respondent

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the first respondent made misleading and deceptive representations regarding holding an exclusive licence to distribute a product in Australia
  2. 2 Whether the second respondent was liable as a party to the contravention by the first respondent through knowledge of the relevant facts

Ratio Decidendi

The first respondent made misleading and deceptive representations about holding the exclusive Australian licence to distribute the Energy Computer, in breach of s.52 and other provisions of the Trade Practices Act 1974, causing loss to the applicants who relied on those representations.

Court Disposition

Judgment for the applicants against the first respondent; judgment for the second respondent deferred with leave to apply.

Orders

  • First respondent to pay to the Deputy Registrar within 21 days: (a) to the first applicant $201,529.83, (b) to the second applicant $88,792.56.
  • First respondent to pay the applicants' costs of the proceedings.