Federal Court of Australia
Best & Less Pty Limited v Divergent Technologies Pty Limited [2002] FCAFC 2 Best & Less Pty Limited v Divergent Technologies Pty Limited [2002] FCA 43
NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: · All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
· All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.
· All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.
FEDERAL COURT OF AUSTRALIA
Best & Less Pty Limited v Divergent Technologies Pty Limited [2002] FCA 43 CONTRACT – whether commercial instrument document operated only as a master contract to regulate future transactions as and when activated – extent to which such instrument subsequently novated in any contractual sense – contractual relevance of subsequent conduct of parties – effect of appellate view of the contractual arrangements upon findings of trial judge as to misleading and deceptive conduct.
Fair Trading Act (1987) NSW ss 41 and 42 Trade Practices Act 1974 (Cth) ss 51A, 52 and 82
Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473 referred to Henville v Walker (2001) 182 ALR 37 referred to Industrial Rollformers Pty Ltd v Ingersoll-Rand (Australia) Ltd [2001] Aust Contract Reports 90-129 followed Sportsvision Australia Pty Ltd v Tallglen Pty Ltd (1998) 44 NSWLR 103 referred to
Chitty on Contracts (28th ed, 1999) p 1067 Cheshire and Fifoot's Law of Contract (7th Aust ed, 1997) p 313 BEST & LESS PTY LIMITED & ORS v DIVERGENT TECHNOLOGIES PTY LIMITED & ORS N 375 OF 2001 HILL, WHITLAM & CONTI JJ 5 FEBRUARY 2002 SYDNEY
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