Centurion Roller Shutters Pty Ltd v Automatic Technology (Australia) Pty Ltd [1999] FCA 1118

Centurion Roller Shutters Pty Ltd v Automatic Technology (Australia) Pty Ltd [1999] FCA 1118

Because Practice Note No 11 is directed to early identification and resolution of objections to survey form and methodology and does not permit a prospective ruling on admissibility, Centurion's motion could not succeed insofar as it sought advance leave or a determination that survey evidence would be admissible. ATA was on notice of methodological objections but should provide specific objections to particular questions after receiving particulars and discovery, and the parties could then raise the questionnaire and methodology at case management.

Jurisdiction
Australia
Judgment Date
16 August 1999
Procedural Posture
Practice and Procedure Motion in Relation to Survey Evidence in Civil Proceedings Alleging Misleading or Deceptive Conduct / Interlocutory Motion Filed 3 August 1999 Seeking Leave to Adduce Survey Evidence at Trial and Related Directions
Outcome
Directions made; costs reserved.
Legal Topics
['survey Evidence' 'practice Note No 11' 'admissibility of Survey Evidence' 'survey Methodology' 'misleading or Deceptive Conduct' 'loss of Goodwill']
['practice and Procedure' 'evidence' 'trade Practices' 'fair Trading'] ['survey Evidence' 'practice Note No 11' 'admissibility of Survey Evidence' 'survey Methodology' 'misleading or Deceptive Conduct' 'loss of Goodwill']

Case Brief

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Procedural Posture

Practice and Procedure Motion in Relation to Survey Evidence in Civil Proceedings Alleging Misleading or Deceptive Conduct / Interlocutory Motion Filed 3 August 1999 Seeking Leave to Adduce Survey Evidence at Trial and Related Directions

Legal Issues

  1. 1 ["Whether the Court should give prospective leave or a ruling that evidence from Centurion's proposed survey would be admissible at trial." 'Whether objections to the proposed survey questionnaire and methodology should be addressed under Practice Note No 11 before the survey is conducted.' 'Whether ATA should provide particularised objections to the proposed survey questions before Centurion conducts the survey.']

Ratio Decidendi

Because Practice Note No 11 is directed to early identification and resolution of objections to survey form and methodology and does not permit a prospective ruling on admissibility, Centurion's motion could not succeed insofar as it sought advance leave or a determination that survey evidence would be admissible. ATA was on notice of methodological objections but should provide specific objections to particular questions after receiving particulars and discovery, and the parties could then raise the questionnaire and methodology at case management.

Court Disposition

Directions made; costs reserved.

Orders

  • ["On the Applicant's motion filed 3 August 1999, the Respondent to provide on or before 3 September 1999 particulars of any objection it has to the questions proposed in the Applicant's draft survey questionnaire." 'The parties are at liberty to raise the question of the form of the survey questionnaire and any...