Firmstones Pty Limited v Davies [2003] FCA 113

FEDERAL COURT OF AUSTRALIA Firmstones Pty Limited v Davies [2003] FCA 113

CONTRACT – on the facts of the case, a concluded agreement for the provision of consultancy services was not reached between the plaintiff and the defendant in relation to the recovery of tobacco licence fees Corporations Act 2001 (Cth) s 1321 Business Franchise Licences (Tobacco) Act 1987 (NSW) Federal Court of Australia Act 1976 (Cth) s 50 Ha v State of NSW; Walter Hammond & Associates v State of NSW (1997) 189 CLR 465 cited Roxborough v Rothmans of Pall Mall Australia Ltd (1999) 161 ALR 253, [2001] HCA 68, (2002) 76 ALJR 203 referred to David Syme & Co Ltd v General Motors Holdens Ltd [1984] 2 NSWLR 294 referred to Barrier Wharfs Ltd v W Scott Fell & Co Ltd (1908) 5 CLR 647 referred to Carter and Hyland Contract Law in Australia (4th ed.) FIRMSTONES PTY LIMITED v RONALD GEORGE DAVIES IN HIS CAPACITY AS LIQUIDATOR OF LINKNARF LIMITED (IN LIQ) & ANOR N 3049 OF 2002 HELY J 28 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3049 OF 2002

BETWEEN: FIRMSTONES PTY LIMITED

ACN 067 948 190

PLAINTIFF

AND: RONALD GEORGE DAVIES IN HIS CAPACITY AS LIQUIDATOR OF LINKNARF LIMITED (IN LIQ)

FIRST DEFENDANT

LINKNARF LIMITED (IN LIQ)

ACN 000 929 902

SECOND DEFENDANT

JUDGE: HELY J

DATE OF ORDER: 28 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3049 OF 2002

BETWEEN: FIRMSTONES PTY LIMITED

ACN 067 948 190

PLAINTIFF

AND: RONALD GEORGE DAVIES IN HIS CAPACITY AS LIQUIDATOR OF LINKNARF LIMITED (IN LIQ)