Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anderson Formrite Pty Ltd v Baulderstone Pty Ltd (No 7) [2010] FCA 921 Citation: Anderson Formrite Pty Ltd v Baulderstone Pty Ltd (No 7) [2010] FCA 921
Parties: ANDERSON FORMRITE PTY LTD (ACN 097 507 652) v BAULDERSTONE PTY LTD (ACN 002 625 130)
File number(s): NSD 1272 of 2007
Judge: GRAHAM J
Date of judgment: 25 August 2010
Catchwords: TRADE PRACTICES – whether representations said to have been made were made – whether applicant induced thereby to enter into a formwork subcontract on 11 October 2001 CONTRACTS – termination of formwork subcontract for respondent's sole convenience – terms and conditions surviving termination – intention of the parties – implied terms where formwork in use at time of termination whilst concrete curing – rights of subcontractor to strip and remove formwork from the site CONVERSION – whether locking formwork subcontractor out of access to building site and/or continued use of formwork equipment thereafter constituted conversion – when did conversion occur – distinction between equipment that was owned, under a contract to purchase, and hired DAMAGES – breach of contract – conversion- where there is difficulty in calculation
Legislation: Trade Practices Act 1974 (Cth)ss 51A, 52 and 82(1) Federal Court of Australia Act 1976 (Cth) s 51A
Cases cited: Henjo Investments Pty Limited v Collins Marrickville Pty Limited (No 1) (1988) 39 FCR 546 Cheall v Association of Professional Executive Clerical and Computer Staff [1983] 2 AC 180 TCN Channel 9 Pty Ltd v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130 Ratcliffe v Evans [1892] 2 QB 524 Allan v Loadsman (1975) 2 NSWLR 789 Tramways Advertising Pty Ltd v Luna Park (N.S.W.) Ltd [1938] 38 SR (NSW) 632 Luna Park (N.S.W.) Limited v Tramways Advertising Proprietary Limited (1938) 61 CLR 286 Butt v M'Donald [1896] 7 Q.L.J. 68 at 70-71 Secured Income Real Estate (Australia) Limited v St Martins Investments Pty Limited (1979) 144 CLR 596 Fitzgerald v F.J. Leonhardt Pty Limited (1997) 189 CLR 215 Australis Media Holdings Pty Limited v Telstra Corporation Limited (1998) 43 NSWLR 104 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Carlton & United Breweries Ltd v Tooth & Co Ltd unreported, Supreme Court of New South Wales, 11 June 1985 B.P. Refinery (Westernport) Pty. Limited v President, Councillors and Ratepayers of the Shire of Hastings (1977) 180 CLR 266 Penfolds Wines Proprietary Limited v Elliott (1946) 74 CLR 204 Hill v Reglon Pty Limited [2007] NSWCA 295 Coleman v Harvey [1989] 1 NZLR 723 Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd [2009] NSWSC 571 Chep Australia Ltd v Bunnings Group Ltd [2010] NSWSC 301 Bis Cleanaway (Trading As Chep) v Tatale [2007] NSWSC 378 Gaba Formwork Contractors Pty Ltd v Turner Corporation Ltd (1993) 32 NSWLR 175 Butler v The Egg and Egg Pulp Marketing Board (1966) 114 CLR 185 Livingstone v Rawyards Coal Co [1880] 5 App. Cas. 25
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