Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 3) [2019] FCA 1258

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 3) [2019] FCA 1258

The applicant is granted leave to amend its methodology statement to clarify how loss or damage arises because of the contravening conduct found, particularly in connection with third party reliance; orders concerning production of documents and striking out of particulars are adjourned generally pending the applicant's amendment; costs are reserved.

Parties
Applicant: Flogineering Pty Ltd; First Respondent: Blu Logistics SA Pty Ltd; Second Respondent: Wastell Milk Haulage Pty Ltd; Third Respondent: Wadene Pty Limited; Fourth Respondent: JR Bulk Liquid Transport Pty Ltd; Fifth Respondent: Jurss Robertson Pty Ltd
Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Commercial Damages Claim Under Australian Consumer Law / Interlocutory Application and Orders Relating to Amendment of Methodology Statement and Production of Documents
Outcome
Both interlocutory applications adjourned generally; leave given to applicant to amend methodology statement; costs reserved.
Legal Topics
Misleading or Deceptive Conduct, Damages, Causation, Australian Consumer Law, Third Party Reliance
Commercial Law Regulator and Consumer Protection Misleading or Deceptive Conduct Damages Causation Australian Consumer Law Third Party Reliance

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Parties

Flogineering Pty Ltd

Applicant

Blu Logistics SA Pty Ltd

First Respondent

Wastell Milk Haulage Pty Ltd

Second Respondent

Wadene Pty Limited

Third Respondent

JR Bulk Liquid Transport Pty Ltd

Fourth Respondent

Jurss Robertson Pty Ltd

Fifth Respondent

Procedural Posture

Commercial Damages Claim Under Australian Consumer Law / Interlocutory Application and Orders Relating to Amendment of Methodology Statement and Production of Documents

Legal Issues

  1. 1 Does the applicant suffer loss or damage because of the respondents' contravening conduct under s 236 of Australian Consumer Law when loss arises due to third party reliance rather than applicant's own reliance?
  2. 2 Is the applicant entitled to discovery of documents relating to contracts between respondents and processors for the purpose of proving loss or damage caused by contravening conduct?

Ratio Decidendi

The applicant is granted leave to amend its methodology statement to clarify how loss or damage arises because of the contravening conduct found, particularly in connection with third party reliance; orders concerning production of documents and striking out of particulars are adjourned generally pending the applicant's amendment; costs are reserved.

Court Disposition

Both interlocutory applications adjourned generally; leave given to applicant to amend methodology statement; costs reserved.

Orders

  • The interlocutory application filed by the applicant on 8 May 2019 and the interlocutory application filed by the respondents on 10 July 2019 are both adjourned generally.
  • The applicant is given leave to amend its methodology statement on loss and damage for the purposes of s 236 of the Australian Consumer Law as contained in the Particulars of Loss filed on 4 March 2019 by filing and serving an Amended Particulars of Loss within fourteen days.