Midland Metals Overseas PTE Limited v Australian Cablemakers Association Limited [2019] NSWCA 78 (17 April 2019) (Gleeson JA at [1]; Payne JA at [7]; Sackville AJA at [83]) - 13wentworthselbornechambers
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Midland Metals Overseas PTE Limited v Australian Cablemakers Association Limited [2019] NSWCA 78 (17 April 2019) (Gleeson JA at [1]; Payne JA at [7]; Sackville AJA at [83])


Catchwords:


TRADE AND COMMERCE – Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 – whether conduct misleading or deceptive – common ground that letters contained incorrect representations – whether the letters had tendency to lead the recipient Ministers into error – inquiry to be conducted by reference to objective characteristics of recipient – inquiry to be conducted prospectively – no likelihood that the letter would lead Ministers into error

TRADE AND COMMERCE – Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 – whether conduct in trade and commerce – where letters sent to government Ministers informing them of electrical cable safety concerns – where body making impugned representations is a representative group for Australian cable manufacturers – where impugned representations relate to electrical cable safety standards

CIVIL PROCEDURE – Court of Appeal – where issues not raised at trial sought to be agitated – appellant not permitted to reframe its case not put below – Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 and Metwally v University of Wollongong (No 2) [1985] HCA 28; 59 ALJR 481 applied