Thomson v STX Pan Ocean Co Ltd

[2012] FCAFC 15

Full Court of the Federal Court29 February 2012

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Interrogate

Catchwords

1. Admiralty
2. › Charterparty
3. › Voyage charterparty
4. › Contract of affreightment
5. › Payment of freight and demurrage
6. › Time when charterer defaults
7. › Post-contractual representations as to capacity to pay
1. Trade Practices
2. › Misleading and deceptive conduct
3. › Post-contractual representations
4. › Officer of corporation
5. › Representations that corporation ready, willing and able to perform
6. › Insolvency of corporation
7. › Separate liability of director
8. › Trade Practices Act 1974 (Cth), ss 52, 75B, 82
1. Trade Practices
2. › Misleading and deceptive conduct
3. › Reliance
4. › Whether inference of reliance available where representor intended to induce delay and delay occurred
5. › Gould v Vaggelas inference
1. Damages
2. › Measure of damages in tort
3. › Loss of use of vessel
4. › Whether damages for post-contractual misrepresentation limited to loss of profit during delay period
5. › Whether costs already incurred before misrepresentation recoverable
6. › Whether matter should be remitted for further evidence

Quick Take

To recover damages for post-contractual misrepresentation, evidence of lost profit during the period of delay caused by the misrepresentation must be adduced, rather than merely the costs already incurred before the misrepresentation was made.