Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 290

FEDERAL COURT OF AUSTRALIA

Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 290 CONTRACTS – building contract – principles for determining existence of binding contract – allegation of partly written and partly oral contract - whether parties had reached agreement as to essential terms – whether agreement capable of enforcement - whether parties evinced intention to be legally bound –whether court can look at subsequent conduct of parties to determine whether final agreement reached - remedies where contract repudiated – damages for loss of profit – relevance of profitability of applicant in previous similar projects - relevance of profitability or otherwise of successful tenderer - where construction company invited to lodge tender for construction project – where several subsequent re-tenders - where ongoing negotiations between parties as to terms and scope of contract – where agreement to be based upon Australian Standard 2124-1992 standard terms of contract - where agreement alleged to derive from tender documents, letters, memoranda, and a telephone call. TRADE PRACTICES – misleading and deceptive conduct - unconscionable conduct – application of Trade Practices Act 1974 ss51AB, 51AA – whether 'special relationship' between the parties - where alleged conduct suggesting negotiations concluded when in fact they were not Masters v Cameron (1954) 91 CLR 353 applied Geebung Investments v Varga Investments (1995) 7 BPR 14,551 cited Tekmat Pty Ltd v Dosto Pty Ltd (1990) 102 FLR 240 cited Baulkham Hills Private Hospital v GR Securities (1996) 40 NSWLR 622 distinguished ABC v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 considered Relwood v Manning Homes [1990] 1 Qd R 481 considered Pagnan v Feeds Products [1987] 2 Lloyd's Reports 601 cited Port Sudan Cotton Co v Chettiar [1977] 2 Lloyd's Reports 5 cited CBA Ltd v GH Dean & Co Lty Ltd & Dean [1983] 2 Qd R 204 cited Commercial Bank of Australia v Amadio (1983) 151 CLR 447 cited