Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2018] FCAFC 205 Appeal from: Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2018] FCA 174
File number: NSD 486 of 2018
Judge: MCKERRACHER, REEVES AND FARRELL JJ
Date of judgment: 21 November 2018
Catchwords: APPEAL – primary proceeding a trial – consideration of the evidence before the primary judge and his Honour's analysis – where the same material examined on appeal – whether the primary judge's findings were "glaringly improbable" – no appellable error found CONTRACTS – appeal from the primary judge's finding that no legally binding contract had been formed between the relevant parties – whether his Honour erred in failing to find the parties formed a contract – whether his Honour erred in unduly focusing on language, failing to give surrounding circumstances any or sufficient consideration or failing to have appropriate account of post-contractual conduct CONSUMER LAW – misleading or deceptive conduct – whether his Honour erred in failing to find a reasonable party would have concluded there was a binding agreement ESTOPPEL – where estoppel claim based upon representation – where representation alleged was not found Held: no appellable error
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (2018) 358 ALR 683 Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 Forrest v Australian Securities and Investments Commission (2012) 247 CLR 486 Geebung Investments Pty Ltd v Varga Group Investments No 8 Pty Ltd [1995] NSWCA 166 Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Jpex Software Services Pty Ltd v Hosking [2000] VSCA 239 Laidlaw v Hillier Hewitt Elsley Pty Ltd [2009] NSWCA 44 Masters v Cameron (1954) 91 CLR 353 Rafferty v Madgwicks (2012) 203 FCR 1 Robinson Helicopter Company Inc v McDermott (2016) 331 ALR 550 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Terrex Resources NL v Magnet Petroleum Pty Ltd (1988) 1 WAR 144 Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 Yorke v Lucas (1985) 158 CLR 661
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate