Leda Holdings Pty Ltd v Oraka Pty Ltd [1999] FCA 444

FEDERAL COURT OF AUSTRALIA

Leda Holdings Pty Ltd v Oraka Pty Ltd [1999] FCA 444 TRADE PRACTICES ACT s 52 – whether contract could validly contain a warranty that no representation had been relied on, with an indemnity against loss and costs as between solicitor and client arising from any breach. COSTS – provisions of lease for costs as between solicitor and client in connection with various events – whether costs of claim under s 52 of Trade Practices Act were embraced – principles relating to construction of provisions for indemnity costs – requirement that provision be clear and unambiguous – discussion of indemnity costs provisions in mortgages – whether the discretion of the Court survives such a provision – effect of such a provision. WORDS AND PHRASES – "in connection with". Federal Court of Australia Act 1976 (Cth), s 43 Trade Practices Act 1974 (Cth), s 52 Leda Holdings Pty Limited v Oraka Pty Limited (1998) ATPR 40,501 referred to Burg Design Pty Ltd v Wolki [1999] FCA 388 referred to Gomba Holdings (U.K.) Ltd v Minories Finance Ltd [1993] Ch 171 applied Jamieson v Gosigil Pty Ltd [1983] 2 Qd R 117 referred to Citibank Savings Ltd v Nicholson and Pirrotta (Full Court of Supreme Court of South Australia, unreported, 1 April 1998) applied In re Adelphi Hotel (Brighton) Ld [1953] 1 WLR 955 applied Perry v Rolfe [1948] VLR 297 referred to Re Elders Trustee and Executor Company, Limited v E. G. Reeves Pty Limited (Gummow J, unreported, 12 February 1988) referred to Quadrascan Graphics Pty Ltd v Crosfield Electronics ANZ Pty Ltd (Carr J, unreported, 18 May 1995) followed Burswood Management Limited v Attorney-General (Cth) (1990) 23 FCR 144 applied Maher v Network Finance Ltd (1986) 4 NSWLR 694 referred to Elders Trustee & Executor Co Ltd v Eagle Star Nominees Ltd (Supreme Court of NSW, McLelland J, unreported, 17 November 1986) referred to E I Du Pont De Nemours & Co v Commissioner of Patents (1987) 16 FCR 423 referred to Elders Trustee & Executor Company Limited v E G Reeves Pty Ltd (1988) 20 FCR 164 referred to Commissioner of Inland Revenue v Molloy [1992] 3 NZLR 164 referred to ANZ Banking Group (NZ) Ltd v Gibson [1986] 1 NZLR 556 referred to