Dataflow Computers Services Pty Ltd v Goodman [1999] FCA 1625

Dataflow Computers Services Pty Ltd v Goodman [1999] FCA 1625

Although the e-mail conveyed a false representation that Dataflow intended to sell software products direct to consumers and was misleading or deceptive or likely to mislead or deceive, the respondent sent it as a bystander commenting on the trade or commerce of others. The sending of the e-mail was not conduct engaged in as part of the business or commercial dealings between Dataflow and Harvey Norman or other retailers, but only in connection with or in relation to those dealings. It was therefore not conduct in trade or commerce, so the applicant's claim under s 52 failed.

Jurisdiction
Australia
Judgment Date
25 November 1999
Procedural Posture
Application Alleging Misleading or Deceptive Conduct Under S 52 of the Trade Practices Act 1974 / Final Judgment After Hearing
Outcome
Application dismissed with costs.
Legal Topics
['conduct in Trade or Commerce' 'email Communication to Retailers and Media' 'false Representation About Intended Direct Sales' 'loss and Legal Costs']
['trade Practices' 'consumer Protection' 'misleading or Deceptive Conduct'] ['conduct in Trade or Commerce' 'email Communication to Retailers and Media' 'false Representation About Intended Direct Sales' 'loss and Legal Costs']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Alleging Misleading or Deceptive Conduct Under S 52 of the Trade Practices Act 1974 / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether by sending the e-mail the respondent engaged in conduct that was misleading or deceptive or likely to mislead or deceive.' 'Whether the sending of the e-mail was in trade or commerce.' 'Whether the applicant suffered any loss by that conduct, and if so what loss.' 'Whether the making of a publication order was appropriate.']

Ratio Decidendi

Although the e-mail conveyed a false representation that Dataflow intended to sell software products direct to consumers and was misleading or deceptive or likely to mislead or deceive, the respondent sent it as a bystander commenting on the trade or commerce of others. The sending of the e-mail was not conduct engaged in as part of the business or commercial dealings between Dataflow and Harvey Norman or other retailers, but only in connection with or in relation to those dealings. It was therefore not conduct in trade or commerce, so the applicant's claim under s 52 failed.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application dismissed with costs.']