EARTHWORKS PTY. LIMITED V. THE GLADSTONE HARBOUR BOARD 6/1953

EARTHWORKS PTY. LIMITED

THE GLADSTONE HARBOUR BOARD

WELLLAMS de 611953 Jate delvered 21 JuLy 1993

JUDGMENT (ORAL)

EARTHWORKS PTY. LIMITED

ve

THE GLADSTONE HARBOUR BOARD

JUDGMENT (ORAL) WILLIAMS J.

This is an appeal from an order of the

Full Supreme Court of Queensland dismissing an appeal by the plaintiff company in a suit in which it was non-suited by the learned trial judge. The plaintiff which was incorporated on 2nd April, 1951, sued for the balance of noneye/aue "rom the defendant to the plaintiff for work and labour done and materials supplied by the plaintiff to the defendant at its request. The amount claimed in the statement of claim was £8,656.13. 9, but I understand that the plaintiff now claims a sum of approximately £10,000. The way in which this claim arose is, shortly stated, as follows. The defendant Board advertised for tenders for the excavating, carting and placing in position to height specified, of some 150,000 cubic yards or more of filling material in order to reclaim approximately six acres of foreshore at Auckland Point, Gladstone. Mr. Re Wiles put in.a tender to do this work for 5/4d. per cubic yard solid measurement at the quarry site. The tender which he signed was stated to be for and on behalf of a company to be formed. He received a letter in reply from the Secretary of the Board on the 31st October, 1950, referring to this reclamation job, as it was called, which said:

"As your tender, 5/4d. per cubic yard (solid) was the

lowest received for the above job, the following

recommendation has been submitted to the Under Secretary to The Treasury in connection with same:-

'That, providing Mr. Wiles of Wiles Welding Works, 861 Ann Street, Brisbane, can satisfy the Treasury

as to the bona fides of the Company proposed to be formed, and of its ability to carry out the work tendered tor, authority to be given for the acceptance of his tender.'" I emphasize the words "for the acceptance of his tender". A further letter followed from the Secretary of the Board on the 27th November, 1950, which said: