Costi Cohen Pty Ltd v Bo

Costi Cohen Pty Ltd sued Bo Constructions Pty Ltd in the Supreme Court of Queensland, over a dispute concerning the terms of a construction contract. The plaintiff sought to recover unpaid amounts and damages for the defendant's alleged misleading and deceptive conduct, unconscionability, and unfair contract terms. The defendant denied liability and counterclaimed for work done under the contract.

The court was required to decide whether the contract was void for uncertainty, if any terms were unfair or misleading, and if the plaintiff was entitled to a recovery under a quantum meruit. The court also had to consider the application of the Contracts Review Act and the doctrine of conventional estoppel.

The court found that the contract was not void for uncertainty and that no terms were unfair. However, the court found that the defendant had engaged in misleading and deceptive conduct and that the plaintiff was entitled to recover the reasonable value of the work done. The court held that the Contracts Review Act did not apply and that conventional estoppel was not a valid defence. The court ordered the parties to confer and provide draft orders by consent, and if they could not agree, to provide their competing orders. The court also invited submissions on the orders and any party wishing to address the court on costs to notify the court within 7 days.

The court ordered that if the parties did not agree on orders, or if either party wished to address the court on costs, the matter would be listed on either 26 September 2025 or 10 October 2025. The parties were to notify the court within 7 days which date was mutually preferred. If no listing was required, the court would make final orders in chambers.