Dimension Data Aust Pty Ltd v Kepper [2000] FCA 218

Dimension Data Aust Pty Ltd v Kepper [2000] FCA 218

Leave to appeal refused as the state of mind required for accessorial liability under s 75B is arguably broader than subjective knowledge, and a final determination should not be made without investigation of the factual basis.

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Application for Leave to Appeal / Application Decided
Outcome
Leave to appeal refused; costs awarded to respondents.
Legal Topics
['accessorial Liability' 'strikeout Application' 'leave to Appeal']
['trade Practices'] ['accessorial Liability' 'strikeout Application' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application Decided

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from order refusing strikeout application' 'What mental state is required for accessorial liability under s 75B of Trade Practices Act 1974 (Cth)']

Ratio Decidendi

Leave to appeal refused as the state of mind required for accessorial liability under s 75B is arguably broader than subjective knowledge, and a final determination should not be made without investigation of the factual basis.

Court Disposition

Leave to appeal refused; costs awarded to respondents.

Orders

  • ['Application for leave to appeal is dismissed.' "Applicant to pay respondents' costs, including reserved costs."]