United Resource Management Pty Ltd v Par Recycling Services Pty Ltd [2023] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: United Resource Management Pty Ltd v Par Recycling Services Pty Ltd [2023] NSWCA 236 Hearing dates: 13-14 April 2023 Date of orders: 05 October 2023 Decision date: 05 October 2023 Before: Ward P at [1]; Meagher JA at [2]; Gleeson JA at [109] Decision: See [105]-[108] Direct that the parties confer and if possible agree as to the form of the final orders to be made to give effect to these reasons. Having done so, they are to provide to the Associate to the President within 7 days of the making of this direction either the agreed final form of orders or their respective versions of those orders together with written submissions (not to exceed 2 pages) in support of the orders sought. Catchwords: CONTRACTS — Implied contract — Where agreement automatically terminates upon termination of another contract — Where party fails to notify that first contract has terminated and parties continue acting as if agreement in force — Where parties agree there was an implied agreement which continued after termination — Whether implied agreement terminable on reasonable notice CONSUMER LAW — Misleading or deceptive conduct — Where agreement automatically terminates upon termination of another contract — Whether party engaged in misleading or deceptive conduct by failing to notify other party that other contract had terminated and by representing that agreement was "binding" and remained in force — Whether but for this conduct other party would not thereafter have taken a specific course by entering into a particular agreement Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 –Australian Consumer Law, ss 236, 237 Waste Avoidance and Resource Recovery Act 2001 (NSW), Pt 5 Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (NSW), Pt 2, Div 3, cl 18 Cases Cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640; [2013] HCA 54 Crawford Fittings Co v Sydney Valve & Fittings Pty Ltd (1988) 14 NSWLR 438 Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471; [2004] HCA 55 Ferguson v John Dawson & Partners (Contractors) Ltd [1976] 1 WLR 1213 Forrest v Australian Securities and Investments Commission (2012) 247 CLR 486; [2012] HCA 39 Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 Ireland v WG Riverview Pty Ltd (2019) 101 NSWLR 658; [2019] NSWCA 307 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234; (2009) 261 ALR 382 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited (2010) 241 CLR 357; [2010] HCA 31 Par Recycling Services Pty Ltd v United Resource Management Pty Ltd (No 2) [2022] NSWSC 1405 Regreen Asset Holdings Pty Ltd v Castricum Brothers Australia Pty Ltd [2015] VSCA 286 Tripple A Pty Limited v WIN Television Qld Pty Ltd [2018] QCA 246 Texts Cited: JD Heydon, Heydon on Contract: The General Part (2019, Lawbook Co) Category: Principal judgment Parties: United Resource Management Pty Ltd (First appellant) Anthony Charles Johnston (Second appellant) URM Environmental Services Pty Ltd (Third appellant) Par Recycling Services Pty Ltd (Respondent) Representation: Counsel: J Giles SC and J McLeod (Appellants) C Birch SC and J Gooley (Respondent)