NSW Caselaw
New South Wales Supreme Court
CITATION : 1st Fleet Pty Ltd v Australian Cooperative Foods Ltd [2006] NSWSC 881
HEARING DATE(S) : 28/08/06
JUDGMENT DATE : 29 August 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 08/29/2006
DECISION : 1. Order that, except to the extent that orders have been made to date pursuant to the plaintiff's notice of motion filed on 21 August 2006, the notice of motion be dismissed with costs; 2. the exhibits may be returned after 28 days; 3. stand over the proceedings to the Registrar's list at 9.30am on Friday, 8 September 2006.
CATCHWORDS : CONTRACTS – Formation – Plaintiff and defendant in negotiations concerning contracts for provision of cartage services – Agent of defendant allegedly made representations suggesting contracts had been successfully negotiated – Whether serious question to be tried that parties had concluded binding contracts – Whether serious question to be tried that parties intended to be bound irrespective of absence of writing - ESTOPPEL – Plaintiff and defendant in negotiations concerning contracts for provision of cartage services – Agent of defendant allegedly made representations suggesting contracts had been successfully negotiated – Whether serious question to be tried that defendant estopped from denying that contracts had been made or would be entered into – Plaintiff's claim for interlocutory injunction refused.
LEGISLATION CITED : Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW)
Appleton Papers Inc v Tomasetti Paper Pty Ltd [1983] 3 NSWLR 208 Films Rover International Ltd v Cannon Film Sales Pty Ltd [1986] 3 All ER 772 Patrick Stevedores Operations No. 2 Pty Ltd v Maritime Union of Australia No. 3 (1998) 195 CLR 1 Magna Alloys & Research Pty Limited v Coffey [1981] VR 23 CASES CITED : Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Australian Broadcasting Commission v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Waltons Stores (Interstate) Ltd v Maher (1998) 164 CLR 387 The Commonwealth v Verwayen (1990) 170 CLR 394
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