NSW Caselaw
New South Wales Supreme Court
CITATION : WILLBROS INT. P/L v. EMECO INT. P/L [2000] NSWSC 156 revised - 19/04/2000 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 1307/00 HEARING DATE(S) : 28/02/00-29/02/00 JUDGMENT DATE : 14 March 2000
PARTIES : Willbros International Pty Ltd V. Emeco International Pty Ltd JUDGMENT OF : Bryson J at 1
COUNSEL : R. Conti Q.C. with S. Pritchard for Plaintiff I. Jackman for Defendant SOLICITORS : Pritchard Udovenya for Plaintiff Blake Dawson Waldron CATCHWORDS : CONTRACT - formation - on the facts it was found that no agreement to hire equipment for two-year period had been formed - conduct gave rise to implied agreement terminable on reasonable notice - on the facts, there was no promissory estoppel - Part Performance was not available. Australian Blue Metal Limited v. Hughes [1963] AC 74 at 99 Crabtree-Vickers Pty Ltd v. Australian Direct Mail Advertising and Addressing Company Pty Ltd (1975) 133 CLR 72 Empirnall Holdings Pty Ltd v. Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Masters v. Cameron (1954) 91 CLR 353 CASES CITED : Way v. Latilla [1937] 3 All ER 759 British Steel Corporation v. Cleveland Bridge and Engineering Co Ltd [1984] 1 All ER 504 Air Great Lakes Pty Ltd v. KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Australian Broadcasting Corporation v. XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Regent v. Millett (1976) 133 CLR 679 DECISION : Judgment for defendant with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
TUESDAY 14 MARCH 2000
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