Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (in liquidation) (No 2) [2006] FCA 157

Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (in liquidation) (No 2) [2006] FCA 157

Because the sub-distributors had made quantified claims against Carlon Pty Limited arising from misrepresentations passed on by Loncaric, Carlon Pty Limited was likely to suffer loss or damage by the conduct of the relevant respondents. Section 87 was wide enough to permit an order indemnifying Carlon Pty Limited for those claims, and an order based on the quantified claims was appropriate, with the amount to be passed on to the sub-distributors if and when received.

Jurisdiction
Australia
Judgment Date
27 February 2006
Procedural Posture
Trade Practices Proceeding Concerning Form of Relief Under S 87 / Supplementary Reasons for Judgment After Matter Stood Over for Orders
Outcome
Order for compensation to include indemnity for Carlon Pty Limited in respect of the quantified claims by the sub-distributors.
Legal Topics
['form of Relief' 'compensation Under S 87' 'indemnity for Likely Loss and Damage' 'contingent Loss']
['trade Practices' 'consumer Protection' 'remedies'] ['form of Relief' 'compensation Under S 87' 'indemnity for Likely Loss and Damage' 'contingent Loss']

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 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Trade Practices Proceeding Concerning Form of Relief Under S 87 / Supplementary Reasons for Judgment After Matter Stood Over for Orders

Legal Issues

  1. 1 ['Whether s 87 authorises orders having the effect of indemnifying Carlon Pty Limited from claims by sub-distributors.' 'Whether claims made by the sub-distributors mean that Carlon Pty Limited is likely to suffer loss or damage by the conduct of the relevant respondents.' 'Whether an order based upon the quantified claims of the sub-distributors is appropriate.']

Ratio Decidendi

Because the sub-distributors had made quantified claims against Carlon Pty Limited arising from misrepresentations passed on by Loncaric, Carlon Pty Limited was likely to suffer loss or damage by the conduct of the relevant respondents. Section 87 was wide enough to permit an order indemnifying Carlon Pty Limited for those claims, and an order based on the quantified claims was appropriate, with the amount to be passed on to the sub-distributors if and when received.

Court Disposition

Order for compensation to include indemnity for Carlon Pty Limited in respect of the quantified claims by the sub-distributors.

Orders

  • ['An order will be framed to ensure that the amount in question will be passed on to the sub-distributors if and when received.']