Dockpride Pty Ltd v Subiaco Redevelopment Authority

Case [2005] WASC 211


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   DOCKPRIDE PTY LTD & ANOR -v- SUBIACO REDEVELOPMENT AUTHORITY [2005] WASC 211

CORAM:   LE MIERE J

HEARD:   6-17 DECEMBER 2004, 14-18 MARCH 2005

DELIVERED          :   22 SEPTEMBER 2005

FILE NO/S:   CIV 1505 of 1999

BETWEEN:   DOCKPRIDE PTY LTD (ACN 081 380 967)

First Plaintiff

WESTPOINT CORPORATION PTY LTD (ACN 009 395 751)
Second Plaintiff

AND

SUBIACO REDEVELOPMENT AUTHORITY
Defendant

Catchwords:

Trial of preliminary issue - Tender for purchase of land - Contract - Damages - Whether defendant is liable to plaintiffs? - Breach of contract - Misleading and deceptive conduct - Alleged express representations - Alleged oral representations - Implied contract - Process contract - Identity of tendering party - Whether process contract exists? - Terms of process contract - Implied terms - Compliance with tender Design Guidelines - Implied term to act fairly - Implied terms of fair dealing and good faith - Alleged breaches of process contract - Acceptable variance from Design Guidelines - BP Refinery criteria for implied terms - Content of the obligation to act fairly and in good faith - No established case of breach of contract - Misleading and deceptive conduct - Alleged representations of defendant - "In trade or commerce" - Whether representation was misleading when acted upon? - Reliance - Causation

Legislation:

Fair Trading Act 1987 (WA), s 9, s 10, s 77, s 79

Subiaco Redevelopment Act 1994 (WA), s 18

Trade Practices Act 1974 (Cth), s 51A, s 52, s 82, s 87

Result:

The preliminary issue is determined in favour of the defendant

Category:    A

Representation:

Counsel:

First Plaintiff                :     Mr S D Rares QC & Mr T J Carmady

Second Plaintiff            :     Mr S D Rares QC & Mr T J Carmady

Defendant:     Mr W S Martin QC & Mr S M Standing

Solicitors:

First Plaintiff                :     Williams & Hughes

Second Plaintiff            :     Williams & Hughes

Defendant:     Freehills

Case(s) referred to in judgment(s):

Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349

Blackpool & Fylde Aero Club Ltd v Blackpool Borough Council [1990] 1 WLR 1195

BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266

Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; 212 ALR 357

Byrne & Frew v Australian Airlines Ltd (1995) 185 CLR 410

Chapman v Luminis Pty Ltd (No 5) (2001) 123 FCR 62

Chinook Aggregates Ltd v Abbotsford (Municipal District) (1989) 40 BCLR (2D) 345

Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594

Cubic Transportation Systems Inc v State of New South Wales [2002] NSWSC 656

Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd [1999] FCA 903

Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151

Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110

Poseidon Ltd & Sellars v Adelaide Petroleum NL (1994) 179 CLR 332

Pratt Contractors Ltd v Transit New Zealand [2003] UKPC 83

R v Ron Engineering…

Continue reading Dockpride Pty Ltd v Subiaco Redevelopment Authority

Sign in free to access the full text

Details
AGLC
Dockpride Pty Ltd v Subiaco Redevelopment Authority [2005] WASC 211
Case
[2005] WASC 211
Decision Date

CaseChat Overview and Summary

Dockpride Pty Ltd sought to recover damages from the Subiaco Redevelopment Authority, following a failed tender for the purchase of land. The primary legal issues were whether the Authority was liable to Dockpride under a contract, whether there had been misleading and deceptive conduct, and if so, whether Dockpride had suffered damages as a result. The court examined whether there was a binding contract between the parties, focusing on the existence of an implied process contract and the terms of such a contract, including the implied obligations of fairness and good faith.

The court held that there was no established case of a breach of contract by the Subiaco Redevelopment Authority. The court found that the tender process did not give rise to a process contract, as the parties had not entered into an agreement with mutual obligations. Furthermore, the court determined that there was no misleading and deceptive conduct, as Dockpride had not relied on any representations made by the Authority in trade or commerce, nor had they suffered any detriment as a result of any representations. The court concluded that Dockpride's claims for damages and misleading and deceptive conduct were unsuccessful.

The court dismissed Dockpride's claims and ordered that Dockpride pay the Subiaco Redevelopment Authority's costs of the proceedings. The court found that Dockpride had not provided sufficient evidence to establish the existence of a binding contract or misleading and deceptive conduct. The court also found that Dockpride had not demonstrated that they had suffered any damages as a result of the alleged breaches. The court held that the Subiaco Redevelopment Authority was not liable to Dockpride for any damages, and the proceedings were dismissed in their entirety.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.