Brownbill, A.V. & Anor v. Kenworth Truck Sales (NSW) Pty Ltd [1982] FCA 7

Brownbill, A.V. & Anor v. Kenworth Truck Sales (NSW) Pty Ltd [1982] FCA 7

The applicants' illegal conduct in operating the vehicle in breach of NSW overloading laws does not deprive them of their remedies for statutory breaches and negligent misrepresentation, but damages cannot be awarded for loss of profits derived from unlawful activity.

Parties
Applicant: Alan Victor Brownbill; Applicant: Fredericka Kathleen Brownbill; First Respondent: Kenworth Truck Sales (NSW) Pty. Limited; Second Respondent: McGrath Equipment Company Pty. Limited
Jurisdiction
Australia
Judgment Date
11 February 1982
Procedural Posture
Civil / Preliminary Ruling on Submissions (not Final Judgment)
Outcome
Respondent's primary argument rejected; causes of action for statutory breaches and negligent misrepresentation remain; assessment of damages to exclude profits dependent on illegal conduct; action to proceed to final hearing.
Legal Topics
Illegality, Negligent Misrepresentation, Trade Practices Act, Damages, Collateral Contract
Contract Tort Statutory Liability Illegality Negligent Misrepresentation Trade Practices Act Damages Collateral Contract

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Parties

Alan Victor Brownbill

Applicant

Fredericka Kathleen Brownbill

Applicant

Kenworth Truck Sales (NSW) Pty. Limited

First Respondent

McGrath Equipment Company Pty. Limited

Second Respondent

Procedural Posture

Civil / Preliminary Ruling on Submissions (not Final Judgment)

Legal Issues

  1. 1 Whether illegal conduct by the applicants (overloading vehicle in contravention of NSW legislation) bars their remedies for breaches of Trade Practices Act and negligent misrepresentation.
  2. 2 Whether illegal conduct should affect assessment of damages.

Ratio Decidendi

The applicants' illegal conduct in operating the vehicle in breach of NSW overloading laws does not deprive them of their remedies for statutory breaches and negligent misrepresentation, but damages cannot be awarded for loss of profits derived from unlawful activity.

Court Disposition

Respondent's primary argument rejected; causes of action for statutory breaches and negligent misrepresentation remain; assessment of damages to exclude profits dependent on illegal conduct; action to proceed to final hearing.

Orders

  • Action to proceed (no formal order for appeal until final judgment).