Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fubilan Catering Services Limited (Incorporated in PNG) v Compass Group (Australia) Pty Ltd [2008] FCAFC 53
TRADE PRACTICES – misleading or deceptive conduct – whether unfulfilled promise constitutes misleading or deceptive conduct. EQUITY – fiduciary duty – whether fiduciary relationship existed between parties engaged in arms' length commercial transactions. CONTRACT – construction of management agreement relating to catering contract to be performed in Papua New Guinea. PRACTICE AND PROCEDURE – whether trial Judge erred in refusing application for leave to amend pleadings.
Trade Practices Act 1974 (Cth), ss 51A, 52
Bill Acceptance Corporation Pty Ltd v GWA Ltd (1983) 50 ALR 242 cited Breen v Williams (1995) 186 CLR 71 referred to Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 referred to Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 cited Mount Lawley Pty Ltd v Western Australian Planning Commission (2004) 29 WAR 273 distinguished The Paul Dainty Corporation Pty Ltd v The National Tennis Centre Trust (1990) 22 FCR 495 referred to Meagher, Gummow and Lehane's Equity Doctrines and Remedies (4th ed, 2002).
FUBILAN CATERING SERVICES LIMITED (INCORPORATED IN PNG) & ANOR v COMPASS GROUP (AUSTRALIA) PTY LTD & ORS WAD 169 OF 2007
HEEREY, SACKVILLE, MCKERRACHER JJ
4 april 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 169 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: FUBILAN CATERING SERVICES LIMITED (INCORPORATED IN PAPUA NEW GUINEA)
First Appellant
MINERAL RESOURCES STAR MOUNTAINS LIMITED
(INCORPORATED IN PAPUA NEW GUINEA)
Second Appellant
AND: COMPASS GROUP (AUSTRALIA) PTY LTD
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