Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 4) [2015] FCA 605 Citation: ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 4) [2015] FCA 605
Parties: SHOREFORM (QLD) PTY LTD ACN 115 107 250 v MILLENNIUM COAL PTY LTD ACN 089 566 021 and PEABODY AUSTRALIA MINING PTY LTD ACN 002 818 699
File number: NSD 2347 of 2011
Judge: ROBERTSON J
Date of judgment: 23 June 2015
Catchwords: TRADE PRACTICES – provision by applicant of concrete formwork services – applicant a sub-subcontractor – subcontractor insolvent and not a party to the proceedings – whether contract between applicant and either or both respondents – claim that either or both respondents estopped from denying the existence of one or more binding contracts for the provision of the formwork services – claim of misleading or deceptive or unconscionable conduct on the part of respondents – alternative quantum meruit claim by applicant for payment by respondents
Legislation: Evidence Act 1995 (Cth) ss 69, 131 Trade Practices Act 1974 (Cth) ss 51AC, 52, 87 Property Law Act 1974 (Qld) s 56
Cases cited: 400 George Street (Qld) Pty Ltd v BG International Ltd [2010] QSC 66 400 George Street (Qld) Pty Ltd v BG International Ltd [2010] QCA 245; [2012] 2 Qd R 302 Seapeace Ltd v Meridian Marine Sales Ltd [1997] FCA 1482 ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 2) [2014] FCA 326 Sunbird Plaza Pty Ltd v Maloney [1988] HCA 11; (1988) 166 CLR 245 Watson v Foxman (1995) 49 NSWLR 315 O'Donovan J and Phillips J, Modern Contract of Guarantee (Lawbook Co, 2013) at [3.420] and [3.430] Seddon N, Seddon on Deeds (Federation Press, 2015) at [2.30]
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