Trade Practices (Cth) – Misleading or deceptive conduct – Action for damages to be commenced within three years after cause of action accrued – Conduct inducing giving of indemnity – Accrual of cause of action to indemnifier – Trade Practices Act 1974(Cth), s. 82.
Federal Court – Practice – Amendment – Statement of claim – Statute- barred cause of action introduced by amendment – Whether permitted by rules of Court – Trade Practices Act 1974(Cth), s. 82(2) – Federal Court of Australia Act 1976(Cth), s. 86 – Federal court Rules 1979(Cth), O. 13, r. 2(1)
Hearing Date: 4 March 1992
Judgment: Mason CJ, Dawson, Gaudron, McHugh, Brennan, Deane, Toohey JJ
At 526 Mason CJ, Dawson, Gaudron and McHugh JJ said:
“[I]t would not be right to conclude that the measure of damages recoverable under the sub-section necessarily coincides with the measure of damages applicable in an action for deceit or in an action for negligent misrepresentation. The measure of damages recoverable under s 82(1) can only be fully ascertained after a thorough analysis of those provisions in Pts IV and V of the Act for contravention of which the statutory cause of action may be maintained. But the common law measure of damages will in many cases be an appropriate guide, though it will always be necessary to look to the provisions of the Act with a view to ascertaining the existence of any relevant legislative intention.”
A lawyer's view 