Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049

FEDERAL COURT OF AUSTRALIA

Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049 File number: SAD 354 of 2015

Judge: WHITE J

Date of judgment: 5 July 2019

Catchwords: CONTRACTS – Applicant contracted with the Respondents to construct an access road to a remote mine site – various matters led to the incurring of additional costs and to construction delays – claim for damages for breach of contract - claim for payment of the time-related costs incurred by the Applicant in respect of additional work – claim for other consequences of the additional time taken and the additional work – claim for payment of variations. Held: claim for the time-related costs fails but other aspects of the breach of contract claim succeed in part. CONSUMER LAW – claims of misleading or deceptive conduct contrary to s 18 of the Australian Consumer Law – claim that in entering into the contract the Applicant relied on four representations made by the Respondents which were misleading or deceptive – claim that if the representations had not been made the Applicant would not have entered into the contract at all or, alternatively, would have entered into a contract on schedule of rates terms which assigned the risk and cost of additional work and delay to the Respondents – Applicant did not prove that the representations were made or that they were misleading or deceptive – Applicant did not prove that it relied on the pleaded representations in entering into the contract – Applicant did not establish loss by reason of the alleged misleading or deceptive conduct. Held: contraventions of s 18 of the ACL not made out.