Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Denmeade v Stingray Boats [2003] FCAFC 215 ADMIRALTY – claim in respect of construction of a boat CONTRACT – whether all work was performed under the original contract – whether there was an agreement as to amount owing for 'extras' – whether promise to pay for 'extras' was made under economic duress.
Cases Alexander v Rayson [1936] 1 KB 169 Cited Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 Cited Westpac Banking Corporation v Cockerill (1998) 152 ALR 267 Cited
PHILIP DENMEADE, (THE OWNER OF THE 12 M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523O) v STINGRAY BOATS (A FIRM)
Q 23 of 2003 WHITLAM, KIEFEL, DOWSETT JJ BRISBANE 5 SEPTEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q23 of 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PHILIP DENMEADE
(THE OWNER OF THE 12 M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523O)
APPELLANT
AND: STINGRAY BOATS (A FIRM)
RESPONDENT
JUDGES: WHITLAM, KIEFEL, DOWSETT JJ
DATE OF ORDER: 5 SEPTEMBER 2003
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Vary the order made on 14 February 2003 by deleting the sum of $21,500 and inserting the sum of $20,500. 2. The appeal be dismissed. 3. The appellant pay the respondent's costs on the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q23 of 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PHILIP DENMEADE
(THE OWNER OF THE 12 M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523O)
APPELLANT AND: STINGRAY BOATS (A FIRM)
RESPONDENT
JUDGES: WHITLAM, KIEFEL, DOWSETT JJ
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