Event and Time
Event Description
This case involves a dispute between Blackmores Ltd, a manufacturer of nutritional supplements, and Jestins Enterprises Pty Ltd, a pharmacy that entered into a business relationship with Blackmores. The conflict arose after Jestins experienced financial difficulties, leading to a failure to pay debts owed to Blackmores. The case centers around a Settlement Deed, allegations of misleading representations under Australian Consumer Law, a cross-claim regarding changed payment terms, and issues of contractual obligations.
Application and Claims
- Plaintiff: Blackmores Ltd
- Claims Jestins owes them a total of $1,574,805.55 for products supplied.
- Defendants: Jestins Enterprises Pty Ltd and Pharmadeal International Pty Ltd
- No dispute regarding the amount owed; however, they cross-claim alleging misleading conduct and claiming damages exceeding the amount owed due to alleged representations made by Blackmores.
Judicial Decisions
1. Judgment for Blackmores in the sum of $1,750,096.76. 2. Dismissal of the cross-claim from Jestins and Pharmadeal. 3. Costs awarded to Blackmores for the proceedings inclusive of the cross-claim. 4. Liberty granted to both parties to apply for variations to the costs order within 21 days. 5. Liberty for Blackmores to seek costs associated specifically with Mr. Shulman’s appearance at the hearing within 21 days.
Dispute Points and Legal Basis
Dispute Points
- Breach of Contract:
- Blackmores argues that Jestins is simply liable for the outstanding payments under the deed and contractual obligations.
- Unconscionable Conduct:
- Jestins asserts that Blackmores engaged in misleading and deceptive conduct in contravention of Australian Consumer Law (ACL), sections 18 and 21.