Tour Squad Pty Ltd v Fifth Amendment Entertainment Inc (No 2) [2021] FCA 546

Federal Court of Australia

Tour Squad Pty Ltd v Fifth Amendment Entertainment Inc (No 2) [2021] FCA 546 File number: QUD 44 of 2020

Judgment of: DERRINGTON J

Date of judgment: 25 May 2021

Catchwords: COMMERCIAL LAW – contract for performance by music artist – whether agreement arose in course of negotiations before final contract – whether Binder Agreement constituted final agreement CONSUMER PROTECTION – alleged misleading or deceptive conduct in pre-contract negotiations – alleged representation that respondents would undertake music performances in Australia – representation dependent on alleged binding effect of Binder Agreement – representations not made out COMMERCIAL LAW – contract – breach of contract – failure by innocent party to accept repudiation or breach and to terminate contract – failure to terminate contract prevents claim for expectation losses

Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) s 18 Federal Court of Australia Act 1976 (Cth) s 51A

Cases cited: Bowes v Chaleyer (1923) 32 CLR 159 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226 Foran v Wight (1989) 168 CLR 385 John Holland Rail Pty Ltd v Comcare [2011] FCAFC 34 Macquarie Developments Pty Ltd v Forrester [2005] NSWSC 674 McGuirk v University of New South Wales [2009] NSWSC 1058 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Peter Turnbull & Co Pty Ltd v Mundus Trading Co (Australasia) Pty Ltd (1954) 90 CLR 235 Re JRL; Ex parte CJL (1986) 161 CLR 342 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245