Rosebanner Pty Limited v EnergyAustralia [2009] NSWSC 43

Reported Decision : 223 FLR 406

New South Wales Supreme Court

CITATION : Rosebanner Pty Limited v EnergyAustralia [2009] NSWSC 43

HEARING DATE(S) : 10, 11, 12, 13, 14, 17, 20 November and 9 December 2008

JUDGMENT DATE : 20 February 2009

JURISDICTION : Equity Division

JUDGMENT OF : Ward J at 1

DECISION : Claims in trespass and for breach of contract dismissed. EnergyAustralia found to have engaged in misleading and deceptive conduct. No loss sustained by reason of that misleading and deceptive conduct. Claim dismissed.

CATCHWORDS : ENERGY AND RESOURCES – electricity – electricity providers, authorities and undertakings – whether presence of electricity infrastructure on private land constituted trespass – whether infrastructure lawfully installed by Sydney County Council under Municipal Council of Sydney Electric Lighting Act 1896 and/or Public Works Act 1912 - whether EnergyAustralia had lawful authority to maintain presence of infrastructure under Electricity Supply Act 1995 – HELD – no trespass as infrastructure lawfully installed and maintained on land. - - CONTRACTS – general contractual principles – offer and acceptance - whether parties entered binding contract obliging EnergyAustralia to remove infrastructure – whether agreement reached by which parties intended immediately to be bound – HELD – no contract formed – no agreement reached – no objectively ascertainable intention immediately to be bound. - TRADE AND COMMERCE – Trade Practices Act 1974 (Cth) and related legislation – whether representation made as to future removal of infrastructure – whether representation in course of without prejudice settlement negotiations was made in trade or commerce – whether reasonable grounds existed for making of representation – whether any damage suffered by reason of the misleading and deceptive conduct – HELD – representation made in trade or commerce – no reasonable grounds for making representation – no damage suffered by reason of the misleading and deceptive conduct