Bell, J.J. & Anor v. Australasian Recyclers (WA) Pty Ltd & Ors [1985] FCA 549

Bell, J.J. & Anor v. Australasian Recyclers (WA) Pty Ltd & Ors [1985] FCA 549

Australasian Recyclers (W.A.) Pty. Ltd. engaged in misleading and deceptive conduct by representing it was able to supply sufficient rag to meet the applicants' requirements and had an arrangement for rag sterilisation, when in fact it was unable to do so; Michael Cole and Robert William O'Dwyer knowingly and intentionally participated in these false representations and are liable for damages under s.75B of the Trade Practices Act. Albert Brand was not knowingly concerned or party to the contravention and is not liable.

Parties
Applicant: John James Bell; Applicant: Stuart James Bell; First Respondent: Australasian Recyclers (W.A.) Pty. Ltd.; Second Respondent: Albert Brand; Second Respondent: Michael Cole; Second Respondent: Robert William O'Dwyer
Jurisdiction
Australia
Judgment Date
31 October 1985
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for applicants against Australasian Recyclers (W.A.) Pty. Ltd. for damages to be assessed; judgment for applicants against Michael Cole and Robert William O'Dwyer for $30,000 plus costs; claim against Albert Brand dismissed with costs; damages against Australasian Recyclers to be assessed separately.
Legal Topics
Misleading or Deceptive Conduct, Franchise Agreement, Assessment of Damages, Fraudulent Misrepresentation, Liability of Directors and Employees, Default Judgment, Interest on Damages
Trade Practices Practice and Procedure Misleading or Deceptive Conduct Franchise Agreement Assessment of Damages Fraudulent Misrepresentation Liability of Directors and Employees Default Judgment +1 more

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Parties

John James Bell

Applicant

Stuart James Bell

Applicant

Australasian Recyclers (W.A.) Pty. Ltd.

First Respondent

Albert Brand

Second Respondent

Michael Cole

Second Respondent

Robert William O'Dwyer

Second Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the respondents engaged in misleading and deceptive conduct under s.52 of the Trade Practices Act
  2. 2 Whether directors and employees were persons involved in the contravention under s.75B
  3. 3 Assessment and entitlement to damages

Ratio Decidendi

Australasian Recyclers (W.A.) Pty. Ltd. engaged in misleading and deceptive conduct by representing it was able to supply sufficient rag to meet the applicants' requirements and had an arrangement for rag sterilisation, when in fact it was unable to do so; Michael Cole and Robert William O'Dwyer knowingly and intentionally participated in these false representations and are liable for damages under s.75B of the Trade Practices Act. Albert Brand was not knowingly concerned or party to the contravention and is not liable.

Court Disposition

Judgment for applicants against Australasian Recyclers (W.A.) Pty. Ltd. for damages to be assessed; judgment for applicants against Michael Cole and Robert William O'Dwyer for $30,000 plus costs; claim against Albert Brand dismissed with costs; damages against Australasian Recyclers to be assessed separately.

Orders

  • Judgment for the applicants against the first respondent for damages to be assessed.
  • Liberty to apply for directions for assessment of damages against the first respondent.