Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tameeka Group Pty Ltd v Landan Pty Ltd (No 3) [2016] FCA 733 File number: NSD 969 of 2015
Judge: MARKOVIC J
Date of judgment: 22 June 2016
Catchwords: CONTRACTS – option agreement between lessor and lessee to purchase property – where lessee went into liquidation and lessor subsequently entered into separate long term lease – whether collateral contract exists conditioning the exercise of the option agreement – whether option capable of being exercised – whether duty to cooperate implied into option agreement – whether obligation of good faith implied into option agreement CONSUMER LAW – whether option agreement a "service" for the purposes of the Australian Consumer Law – whether there was unconscionable conduct within the meaning of s 21 of the Australian Consumer Law
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 2, 21, 22 Trade Practices Act 1974 (Cth) s 51AC
Cases cited: Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2) (2009) 253 ALR 324 Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Limited (In Liq) [2015] FCA 25 Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd (2003) 198 ALR 417 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Burger King Corporation v Hungry Jack's Pty Ltd (2001) 69 NSWLR 558 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Danthanarayana v Commonwealth of Australia [2014] FCA 552 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471 Hoyt's Pty Ltd v Spencer (1919) 27 CLR 133 Marmax Investments Pty Ltd v RPR Maintenance Pty Ltd (2015) 327 ALR 45 Maybury v Atlantic Union Oil Co Ltd (1953) 89 CLR 507 Mercier Rouse Street Pty Ltd v Burness & Others [2015] VSCA 8 Monroe Topple & Associates v Institute of Chartered Accounts in Australia (2002) 122 FCR 110 Obeid v Australian Competition and Consumer Commission (2014) 226 FCR 471 Overlook Management BV v Foxtel Management Pty Ltd [2002] NSWSC 17 Paciocco v Australian and New Zealand Banking Group Limited (2015) 236 FCR 199 Peters (WA) Ltd v Petersville Ltd (2001) 205 CLR 126 Southern Cross Assurance Co Ltd v Australian Provincial Assurance Association Ltd (1935) 53 CLR 618 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 29 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389
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