Federal Court of Australia
JUDGMENT No. 22! C/..2G 0 LIMITED DISTRIBUTION
NOT FOR PUBLICATION
CATCHWORODS
CONTRACT —- formation - intention to enter legally binding relations ~- construction project ~ application of standard form construction management contract unresolved - no concluded agreement.
Trade Practices Act 1974 s.52
Stack v Coast Securities (No.9) Pty Ltd (1983) 154 CLR 261
ROKEBY CONSTRUCTIONS PTY LTD v UNIVERSAL WALDECK LIMITED and MOTIVE GROUP LIMITED WAG 161 of 1987
FRENCH J. PERTH
14 JULY 1988
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
ee ee ee ee ee
NO. WAG 161 of 1987
BETWEEN: ROKEBY CONSTRUCTIONS PTY LTD Applicant
and
UNIVERSAL WALDECK LIMITED First Respondent
and
MOTIVE GROUP LIMITED Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDEER: FRENCH J. DATE OF ORDER: 14 JULY 1988 WHERE MADE: PERTH
THE COURT ORDERS THAT:
i. The application is dismissed. 2. The applicant is to pay the respondents' costs of the application.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
ee eee
NO. WAG 161 of 1987
BETWEEN: ROKEBY CONSTRUCTIONS PTY LTD Applicant
and
UNIVERSAL WALDECK LIMITED First Respondent
and
MOTIVE GROUP LIMITED Second Respondent
CORAM: FRENCH J. 14 JULY 1988
REASONS FOR JUDGMENT
Introduction
This case concerns the allegedly wrongful termination of a contract under which the respondents are said to have engaged the applicant to oversee substantial works connected with the
construction of a caravan park and tourist resort at Broome.
Although a claim under s.52 of the Trade Practices Act
was also pleaded, it does not appear that it ever had much substance. That 18 not to say that it was pleaded merely to attract the jurisdiction of the Court. No attack was made on the plea or choice of forum prior to or at trial and, accepting, as I do, that the contract claim falls within the court's accrued
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