Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cardtronics Australasia Pty Ltd v FX Investments Australia Pty Ltd [2020] FCA 218 File number: NSD 1083 of 2019
Judge: LEE J
Date of judgment: 28 February 2020
Catchwords: CONTRACTS – whether a contract or contracts exist – discerning terms of such an agreement or agreements – whether initial contract superseded EVIDENCE – importance of contemporaneous documents – conflicting evidence as to oral conversations – proper use of post-contractual communications and conduct – appropriate inference to be drawn from the failure to call a witness
Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FM Evidence Act 1995 (Cth) ss 55, 56, 87 Personal Property Securities Act 2009 (Cth) ss 12, 13, 62, 293 Sale of Goods Act 1896 (Qld) ss 19, 21
Cases cited: Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 247 CLR 345 BH Australia Constructions Pty Ltd v Kapeller [2019] NSWSC 1086 Film Bars Pty Ltd v Pacific Film Laboratories Pty Ltd (1979) 1 BPR 9251 Gestmin SGPS SA v Credit Suisse (UK) Limited [2013] EWHC 3560 (Comm) Masters v Cameron (1954) 91 CLR 353 Mealey v Power [2015] NSWSC 1678 Sinclair, Scott & Company Limited v Naughton (1929) 43 CLR 310 Heydon, J D, Heydon on Contract (Thomson Reuters, 2019)
Date of hearing: 23, 24, 25 September 2019 and 3 October 2019
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