Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
POS Media Online Limited v Queensland Investment Corporation [2001] FCA 809
TRADE PRACTICES – Negotiations concerning installation of advertising screens in shopping centres – Whether respondents' conduct was unconscionable or misleading – Whether respondents contravened provisions relating to acceptance of services. CONTRACT – Formation of contract – Whether there was an over-arching contract between the parties requiring them to determine suitable locations for screens in each centre, with an obligation on each party then to execute a formal licence agreement in respect of that shopping centre – Intention of parties – Four licence agreements (out of an intended eight) executed by proposed licensee, but not by the proposed licensor – Agreements contained some interdependent terms – Whether licensor was bound by the four executed agreements – Whether respondents estopped from denying existence of a contract. QUASI-CONTRACT – Quantum meruit – whether applicants are entitled to recover from the respondents the value of work done by them in anticipation of entering a contractual relationship.
Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387 distinguished Sabemo Pty Ltd v North Sydney Municipal Council [1977] 1 NSWLR 880 not followed Trade Practices Act 1974: ss 51AA, 52, 58 POS MEDIA ONLINE LIMITED and MALL MEDIA AUSTRALIA PTY LIMITED v QUEENSLAND INVESTMENT CORPORATION, PACIFIC ECHO PTY LIMITED, EASTLAND PROPERTY HOLDINGS LIMITED, WATERGARDENS PTY LIMITED, PERPETUAL TRUSTEES AUSTRALIA LIMITED, CANBERRA CENTRE INVESTMENTS PTY LIMITED, QIC LOGAN HYPERDOME PTY LIMITED, JOHN CLIFFORD LONGHURST N803 of 2000 WILCOX J 29 JUNE 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N803 of 2000
BETWEEN: POS MEDIA ONLINE LIMITED
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