Cazazure Pty Ltd v Murrumbidgee Estate Developments [2010] NSWDC 142

New South Wales District Court

CITATION: Cazazure Pty Ltd v Murrumbidgee Estate Developments [2010] NSWDC 142

HEARING DATE(S): 3 February 2010; 10-12 March 2010; 15 April 2010; written submissions to 30 April 2010

JUDGMENT DATE: 28 May 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Judgment for the defendants. (2) Judgment for the first defendant/cross-claimant against the plaintiff/cross-defendant in the sum of $70,881.04, together with pre- and post-judgment interest at UCPR rates. DECISION: (3) The parties have liberty to bring in short minutes or order reflecting the agreed sum for pre- and post-judgment interest for entry of judgment on the cross-claim. (4) The plaintiff/cross-defendant pay the costs of the first defendant/cross-claimant and of the second defendant. (5) Liberty to restore re interest and costs (6) Exhibits retained for 28 days.

CATCHWORDS: CONTRACT - whether oral promises to complete a property development by a specific date were made and, if so, whether they formed part of the contract - meaning of "in a timely manner notwithstanding delays" - TORT - claim for negligence pleaded in the alternative to a claim in contract - consideration of liability in tort where a contractual arrangement exists between private parties in a commercial context - TRADE PRACTICES - whether the defendants made representations and, if so, whether the representations were misleading or deceptive

Contracts Review Act 1980 (NSW) LEGISLATION CITED: Fair Trading Act 1984 (NSW), ss 42 and 68 Trade Practices Act 1974 (Cth), ss 51A, 52 and 82

AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; (2009) 258 ALR 14; (2009) 83 ALJR 951; [2009] HCA 27 Attorney General of the Commonwealth v Oates (1999) 198 CLR 162 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Bond Corp Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215 Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 754 Frederick W. Nielsen (Canberra) Pty Ltd v PDC Constructions (ACT) Pty Ltd (1987) ACTR 1 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 Jones v Dunkel (1959) 101 CLR 298 CASES CITED: Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 Optus Vision Pty Ltd v Australian Rugby Football League Ltd [2004] NSWCA 61 Peppers Hotel Management Pty Ltd v Hotel Capital Partners Ltd (2004) 12 BPR 22,879; [2004] NSWCA 114 Perre v Apand Pty Limited (1999) 198 CLR 180 Rudi's Enterprises Pty Ltd v Jay (1987) 10 NSWLR 568 Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603; (2007) Aust Contract R 90-254; [2007] NSWCA 65 Sykes v Reserve Bank of Australia (1998) 88 FCR 511 Tai Hing Limited v Liu Chong Hing Bank (1986) AC 80 Upper Hunter County DC v Australian Chilling & Freezing Co Ltd (1968) 118 CLR 429 Zhu v Treasurer of New South Wales (2004) 218 CLR 429