Chippendale Printing Co. Pty Ltd v Spunaline Pty Ltd t/as Ronald W. Mealing & Co. & Anor [1985] FCA 482

Chippendale Printing Co. Pty Ltd v Spunaline Pty Ltd t/as Ronald W. Mealing & Co. & Anor [1985] FCA 482

The software and system supplied did not have the represented capacities, including accurate press running time calculation, adequate quotation storage and retention of altered parameters on recalculation; the disk supplied was inferred to be a demonstration disk not usable for commercial operations. Spunaline Pty. Limited thereby engaged in misleading or deceptive conduct and false representations in contravention of ss.52 and 53 of the Trade Practices Act 1974, and Mr Mealing, as the company's mouthpiece and a knowing participant, was involved in those breaches. Damages were assessed broadly to compensate for the worthless software, depreciation of hardware, proportion of finance...

Jurisdiction
Australia
Judgment Date
20 September 1985
Procedural Posture
Trade Practices Act 1974 Claim for Misleading or Deceptive Conduct and False Representations / Final Judgment and Orders Assessing Damages
Outcome
Judgment for the applicant against both respondents in the sum of $26,000, with costs.
Legal Topics
['misleading or Deceptive Conduct' 'false Representations About Goods and Services' 'computer Software Capabilities' 'director Involvement in Contraventions' 'measure of Damages' 'mitigation of Loss']
['trade Practices' 'consumer Law' 'damages'] ['misleading or Deceptive Conduct' 'false Representations About Goods and Services' 'computer Software Capabilities' 'director Involvement in Contraventions' 'measure of Damages' 'mitigation of Loss']

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Procedural Posture

Trade Practices Act 1974 Claim for Misleading or Deceptive Conduct and False Representations / Final Judgment and Orders Assessing Damages

Legal Issues

  1. 1 ["Whether Spunaline Pty. Limited, by its director Ronald W. Mealing, represented that the software and computer system could accurately and efficiently perform the applicant's printing estimates and related functions." 'Whether the representations about the software, storage capacity, recalculation functions and support were false, misleading or deceptive in contravention of ss.52 and 53 of the Trade Practices Act 1974.' 'Whether Ronald W. Mealing was knowingly involved in the contraventions by the respondent company.' 'What damages should be awarded, including the effect of depreciation of hardware, finance charges, mitigation and wasted time.']

Ratio Decidendi

The software and system supplied did not have the represented capacities, including accurate press running time calculation, adequate quotation storage and retention of altered parameters on recalculation; the disk supplied was inferred to be a demonstration disk not usable for commercial operations. Spunaline Pty. Limited thereby engaged in misleading or deceptive conduct and false representations in contravention of ss.52 and 53 of the Trade Practices Act 1974, and Mr Mealing, as the company's mouthpiece and a knowing participant, was involved in those breaches. Damages were assessed broadly to compensate for the worthless software, depreciation of hardware, proportion of finance...

Court Disposition

Judgment for the applicant against both respondents in the sum of $26,000, with costs.

Orders

  • ['The respondents pay to the applicant damages in the sum of $26,000.' "The respondents pay the applicant's costs, to be taxed."]