Dresna Pty Ltd v Misu Nominees Pty Ltd

[2004] FCAFC 169

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Interrogate

Catchwords

1. Torts
2. › Conspiracy
3. › Conspiracy to injure by unlawful means
4. › Intention to injure
5. › Whether intention to injure satisfied where conspirators intend to injure unidentified member of indeterminate class
6. › Whether plaintiff must be specifically identified or identifiable
1. Torts
2. › Conspiracy
3. › Conspiracy to injure by unlawful means
4. › What constitutes 'unlawful means'
5. › Whether breach of undertaking given under s 87B of Trade Practices Act 1974 (Cth) can constitute unlawful means
6. › Trade Practices Act 1974 (Cth), s 87B
1. Torts
2. › Conspiracy
3. › Conspiracy to injure by unlawful means
4. › What constitutes 'unlawful means'
5. › Whether making of false suggestions to regulatory authority can constitute unlawful means
1. Trade and Commerce
2. › Meaning of 'in trade or commerce'
3. › Whether submissions to ACCC seeking consent to sale of business constitute conduct 'in trade or commerce'
4. › Trade Practices Act 1974 (Cth), s 52

Quick Take

Breach of s 87B undertakings and false suggestions to the ACCC are at least arguable as 'unlawful means' for conspiracy claims (per majority), and submissions to the ACCC seeking consent to a sale may constitute conduct 'in trade or commerce' under s 52.