ST GEORGE FOOTBALL CLUB INC & ANOR v SOCCER NSW LTD [2005] NSWCA 481

New South Wales Court of Appeal

CITATION: ST GEORGE FOOTBALL CLUB INC & ANOR v SOCCER NSW LTD [2005] NSWCA 481

HEARING DATE(S): 20 December 2005

JUDGMENT DATE: 20 December 2005

JUDGMENT OF: Spigelman CJ at 1, 85; Mason P at 21; Handley JA at 82

DECISION: Appeal dismissed

CATCHWORDS: CONTRACTS – "process" contracts – entrance criteria for divisional competition set by football governing body – whether "process" contract formed - EQUITY – estoppel – detrimental reliance – whether applicant clubs placed in position of detriment by assuming football governing body would adhere to set selection criteria - CORPORATIONS – oppression – application of s 232 Corporations Act – where football governing body departed from prescribed selection criteria not set by constitution – whether departure made in good faith - TRADE PRACTICES – misleading and deceptive conduct – representations respecting future matters misleading if made without reasonable grounds – mere non-fulfilment of statement as to future matter does not establish that statement was misleading or deceptive - (ND)

Trade Practices Act ss51A, 52 LEGISLATION CITED: Fair Trading Act s42 Corporations Act. ss232, 233, 140

Attorney General v Quin (1990) 170 CLR 1 Forbes v New South Wales Trotting Club Limited (1979) 143 CLR 242 Foster v Minister for Customs (2000) 200 CLR 442 Hughes Aircraft v Air Services Australia (1997) 76 FCR 151 CASES CITED: Nagle v Fielden [1966] 2 QB 633 Pioneer Electronics Australia v Edge Technology Pty Limited [1999] FCA 142 Pratt Contractors Limited v Palmerston North City Council [1995] 1 NZLR 469 Pratt Contractors v Transit New Zealand [2005] 2 NZLR 433 St George Soccer Football Association Inc v The Soccer New South Wales Limited [2005] NSWSC 1288