Eden Construction Pty Ltd v State of New South Wales [2008] FCA 376

FEDERAL COURT OF AUSTRALIA

Eden Construction Pty Ltd v State of New South Wales [2008] FCA 376 CONTRACT – inducing breach of contract – principal intending to accept tender hears adverse comments from informant on tenderer's past performance – whether principal owes tenderer implied contractual obligation not to decline to accept tender without first giving tenderer opportunity to be heard – whether informant induces principal to breach an implied contractual obligation owed by principal to tenderer - Held: no implied obligation made out. TORT – inducing breach of contract – principal intending to accept tender hears adverse comments from informant on tenderer's past performance – whether principal owes tenderer implied contractual obligation not to decline to accept tender without first giving tenderer opportunity to be heard – whether informant induces principal to breach an implied contractual obligation owed by principal to tenderer - Held: no implied obligation made out.

Cubic Transportation Systems Inc v State of New South Wales [2002] NSWSC 656 referred to Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 distinguished EDEN CONSTRUCTION PTY LTD v STATE OF NEW SOUTH WALES NSD 102 OF 2008

LINDGREN J

20 MARCH 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 102 OF 2008

BETWEEN: EDEN CONSTRUCTION PTY LTD

Applicant

AND: STATE OF NEW SOUTH WALES

Respondent

JUDGE: LINDGREN J DATE OF ORDER: 20 MARCH 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. 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 NSD 102 OF 2008