Leo, R.W. & Ors v. Brambles Holdings Ltd [1982] FCA 186

Leo, R.W. & Ors v. Brambles Holdings Ltd [1982] FCA 186

The application failed because the applicants did not prove that any conduct of the respondent contravening s.52(1), as distinct from negligent conduct, caused their loss. The inaccurate loaded-height statement led to the same error in the permit but did not affect the prescribed route, did not influence the police constable in any relevant way, and did not affect Mr Leo, who did not notice the height statement and would not have acted differently if told the true loaded height was 16 feet rather than 14 feet.

Jurisdiction
Australia
Judgment Date
06 August 1982
Procedural Posture
Application to Recover Loss Under S.82 of the Trade Practices Act, 1974 for Alleged Contraventions of Ss. 52(1), 53(aa) and 53(c) / Final Judgment and Orders
Outcome
The Application is dismissed with costs.
Legal Topics
['misleading or Deceptive Conduct' 'causation Under S.82 of the Trade Practices Act, 1974' 'non Disclosure of Inaccurate Statement' 'permit Application Under Queensland Traffic Regulations' 'state Limitation of Carrier Liability and S.109 Inconsistency' 'loss of Taxation Benefit in Respect of Investment Allowance']
['trade Practices and Consumer Protection' 'damages' 'constitutional Law' 'carriage of Goods'] ['misleading or Deceptive Conduct' 'causation Under S.82 of the Trade Practices Act, 1974' 'non Disclosure of Inaccurate Statement' 'permit Application Under Queensland Traffic Regulations' 'state Limitation of Carrier Liability and S.109 Inconsistency' 'loss of Taxation Benefit in Respect of Investment Allowance']

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Procedural Posture

Application to Recover Loss Under S.82 of the Trade Practices Act, 1974 for Alleged Contraventions of Ss. 52(1), 53(aa) and 53(c) / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the respondent's inaccurate statement of the loaded height of its vehicle in an application for a traffic permit, production of the permit, or non-disclosure of the inaccuracy constituted misleading or deceptive conduct under s.52(1) of the Trade Practices Act, 1974." "Whether any contravening conduct caused the applicants' loss when the loader struck an overhead bridge." 'Whether non-disclosure of an inaccurate statement could constitute conduct for the purpose of s.52(1), having regard to s.4(2) of the Trade Practices Act, 1974.' "Whether the Carriage of Goods by Land (Carriers' Liabilities) Act 1967 (Qld) could limit damages recoverable under s.82 of the Trade Practices Act, 1974." 'Whether the claimed loss of taxation benefit in respect of investment allowance was established.']

Ratio Decidendi

The application failed because the applicants did not prove that any conduct of the respondent contravening s.52(1), as distinct from negligent conduct, caused their loss. The inaccurate loaded-height statement led to the same error in the permit but did not affect the prescribed route, did not influence the police constable in any relevant way, and did not affect Mr Leo, who did not notice the height statement and would not have acted differently if told the true loaded height was 16 feet rather than 14 feet.

Court Disposition

The Application is dismissed with costs.

Orders

  • ['The Application is dismissed.' "The Applicants pay the Respondent's costs of and incidental to the Application, including reserved costs if any."]