Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kiraig Pty Ltd (Trustee) v Rent the Roo Pty Ltd [2018] FCA 1904 Appeal from: Kiraig Pty Ltd as Trustee for Jovette Trust v Rent the Roo Pty Ltd [2017] FCCA 1493
File number: NSD 1222 of 2017
Judge: MARKOVIC J
Date of judgment: 30 November 2018
Catchwords: CONTRACTS – appeal from orders made by the Federal Circuit Court – where the primary judge found certain contractual clauses were void for uncertainty – where the respondent conceded that the appellant was never heard on this issue – where the respondent's notice of contention propounded that the primary judgment should be affirmed on other grounds – whether the primary judge erred in failing to find that the respondent breached certain contractual clauses – whether the appellant was entitled to damages plus interest – appeal allowed.
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 76 Federal Court of Australia Act 1976 (Cth) s 24(1)(d)
Cases cited: Banque Commerciale SA v Akhil Holdings Ltd (1990) 169 CLR 279 RailPro Services Pty Ltd v Flavel (2015) 242 FCR 424 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SDAEA v Arora; SDAEA v Arora Markets Pty Ltd [2018] FCCA 85
Date of hearing: 27 March 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 83
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