Comco Constructions Pty Ltd v Leisure Holdings Australia Pty Ltd [1986] FCA 209

Trade Practices - Building contract - formation of contract -

course of dealing - appointment of builder - final price not established - contract concluded - part performance - appointment of another builder - breach of contract - assessment of damages -

loss of potential profit.

Trade Practices Act 1974 8.52

Cases: G. Scammell _ and Nephew Ltd. v. QOuston (1941) A.C. 251 William Lacey (Housiow) Ltd. v. Davis (1957) 1 WLR 932

Sabemo Pty. Ltd. v. North Sydney Municipal Council (1977) 2 NSW L.R. 880

Jones & Lyttie Ltd. v. Mackie (1918) 2 W.W.R. 82 (Can.)

COMCO CONSTRUCTIONS PTY. LTD. v. LEISURE HOLDINGS AUSTRALIA PTY. LTD.

No. WA G24 of 1986

MUIRHEAD J. PERTH ' 30 MAY 1986

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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G24 of 1986

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BETWEEN:

COMCO CONSTRUCTIONS PTY. LTD. Applicant

and

LEISURE HOLDINGS AUSTRALIA PTY. LTD. Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: MUIRHEAD J. DATE OF ORDER: 30 May 1986 WHERE MADE: PERTH

THE COURT ORDERS THAT:

Judgment for the applicant in the sum of $54,675.07 plus

costs to be taxed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

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Awe

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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G24 of 1986

BETWEEN:

COMCO CONSTRUCTIONS Pry LTD Applicant

and

LEISURE HOLDINGS AUSTRALIA PTY LTD

Respondent

CORAM: MUIRHEAD J. 30 May 1986

REASONS FOR JUDGMENT

The applicant (Comco) seeks damages from the respondent (Leisure) arising out of breach of contract allegedly entered into between the parties in August 1984. In the alternative Comco claims that certain representations of Leisure constituted false and misleading conduct in breach of s.52 of the Trade Practices Act 1974 whereby it suffered loss and damage.