Francis, N.I. v NSW Egg Producers Co-operate Pty Ltd [1995] FCA 101

CATCHWORDS CONTRACT - contract claimed to have arisen from conversations and correspondence - whether communications in contemplation of reaching a binding agreement have formed a contract - whether parties intended to form a concluded bargain - legal principles discussed. TRADE PRACTICES - misleading or deceptive conduct - Trade Practices Act 1974 (Cth) s 52 - Fair Trading Act 1987 (NSW) s 47 - whether misrepresentations made as to approval by the respondent to inclusion of applicant in Egg Marketing Scheme. Trade Practices Act 1974 (Cth) s 51AB(6), s 52 Fair Trading Act 1987 (NSW) s 47 Co-operation Act 1923 (NSW) Masters v Cameron (1954) 91 CLR 353 Rossiter v Miller (1878) 3 App Cas 1124 Santa Fe Land Co Ltd v Forestal Land Timber & Railways Co Ltd (1910) 26 TLR 534 Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Allen v Carbone (1975) 132 CLR 528 Inland Revenue Commissioners v Raphael (1935) AC 96 Austotel Pty Ltd v Franklins Selfserve Pty Ltd (1989) 16 NSWLR 582 Barrier Wharfs Ltd v W Scott Fell & Co Ltd (1908) 5 CLR 647 Howard Smith & Co Ltd v Varawa (1907) 5 CLR 68 ABC v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Hooper v Commonwealth of Australia (Unreported, Sup Ct NSW, Comm Div, Gleeson CJ, 16 Nov 1990) Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Short v The City Bank of Sydney (1912) 15 CLR 148 NICHOLAS IAN FRANCIS v NSW EGG PRODUCERS CO-OPERATIVE PTY LTD No. NG 540 of 1992 Tamberlin J Sydney 10 March 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 540 of 1992 GENERAL DIVISION ) BETWEEN : NICHOLAS IAN FRANCIS Applicant AND : NSW EGG PRODUCERS CO-OPERATIVE PTY LTD Respondent NSW EGG PRODUCERS CO-OPERATIVE LIMITED Cross-Claimant NICHOLAS IAN FRANCIS and JOSEPH SCHEMBRI Cross-Respondents CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 10 MARCH 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed with costs. 2. The cross-respondents pay the cross-claimant the sum of $129,602 together with interest. 3. The cross-respondents pay the cross-claimant's costs of the cross-claim. NOTE : Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.