Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hermens v Acacia Group Limited [2011] FCA 1286 Citation: Hermens v Acacia Group Limited [2011] FCA 1286
Parties: ROLAND LEOPOLD LUCIEN HERMENS and PENELOPE HERMENS v ACACIA GROUP LIMITED and GREGORY MCCAULEY
File number(s): NSD 1524 of 2010
Judge: JACOBSON J
Date of judgment: 11 November 2011
Catchwords: CONTRACT – alleged oral agreement to employ the Applicant as CEO of company at a particular net wage –whether the conduct of the parties establishes the terms of the alleged bargain – whether there was an implied agreement to pay a reasonable wage – conduct of the parties did not did not show the alleged bargain TRADE PRACTICES – misleading or deceptive conduct – statements made did not amount to a representation for the purposes of s 52 of the Trade Practices Act 1974 (Cth)
Legislation: Trade Practices Act 1974 (Cth), ss 52 and 82
Cases cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Integrated Computer Services Pty Ltd v Digital Equipment Corporation (Aust) Pty Ltd (1988) 5 BPR 11,110 Legione v Hateley (1983) 152 CLR 406 Meates v Attorney General [1983] NZLR 308 Ormwave Pty Ltd v Smith (2007) 5 DDCR 180
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