Joyce v Gold Coast Blaze Pty Ltd - [2011] QSC 407

SUPREME COURT OF QUEENSLAND

CITATION: Joyce v Gold Coast Blaze Pty Ltd [2011] QSC 407
PARTIES: BRENDAN STEVEN JOYCE
(plaintiff)
v
GOLD COAST BLAZE PTY LTD
ACN 122 467 289
(defendant)
FILE NO: SC No 9548 of 2009
DIVISION: Trial Division
PROCEEDING: Claim
DELIVERED ON: 23 December 2011
DELIVERED AT: Brisbane
HEARING
DATES: 3, 4, 5, 6, 10 October 2011
JUDGE: Peter Lyons J
ORDER:
CATCHWORDS: Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd
(1985) 2 NSWLR 309, cited
Allen v Carbone (1975) 132 CLR 528, cited
Bank of Credit and Commerce International SA v Ali [2002]
1 AC 251, cited
Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117
FCR 424, cited
Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161
CLR 500, cited
GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty
Ltd (1986) 40 NSWLR 631, applied
HSH Hotels (Australia) Ltd v State of Queensland [2011]
QCA 329, cited
Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451,
cited Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219
CLR 165, cited
Van Efferen v CMA Corporation Ltd [2001] FCA 597,
considered
Walker v Citigroup Global Markets Australia Pty Ltd (2006)
233 ALR 687, considered
Weemah Park Pty Ltd v Glenlaton Investments Pty Ltd [2011]
QCA 150, cited
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where negotiations for a coach to be retained by a National Basketball League licensee occurred over a period of time – where a summary of the negotiations was documented – where the summary was signed by both parties at a press conference convened for the purpose of announcing the appointment of the coach – where the coach commenced duties prior to the finalisation of a written contract – where the parties then continued negotiations regarding terms that were documented in a draft deed – whether a contract was formed on the signing of the summary at the press conference – whether a contract was formed at a specified point during the continued negotiations
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON- PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION – where the coach attended a Board meeting of the licensee, at which he was advised he would not continue to be employed as the coach once a new basketball league was formed – whether the conduct of the licensee at the Board meeting amounted to a repudiation of the contract – whether the contract was terminated by an acceptance of the repudiation
COUNSEL: D J Pyle for the plaintiff
C C Wilson for the defendant
SOLICITORS: O'Keefe Mahoney Bennett Solicitors for the plaintiff
Reichman Lawyers for the defendant

PETER LYONS J: Mr Joyce is a basketball coach. Gold Coast Blaze Pty Ltd (Blaze) conducts a similarly named basketball team.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] QSC 407
Decision Date: 23 December 2011

CaseChat Overview and Summary

In Joyce v Gold Coast Blaze Pty Ltd, the dispute centred around the formation and termination of a contract between the plaintiff, Mr. Joyce, and the defendant, Gold Coast Blaze Pty Ltd, a National Basketball League licensee. The case was heard and determined by the court. The primary issue was whether a contract was formed at the point when a summary of the negotiations was signed at a press conference, or whether the contract was finalised at a later stage when a draft deed was being negotiated. Additionally, the court had to determine whether the defendant's actions at a Board meeting constituted a repudiation of the contract, effectively terminating it.

The court examined the nature of the negotiations and the documentation exchanged between the parties. It found that the signing of the summary at the press conference, where both parties announced the coach's appointment, constituted a concluded contract. The court also determined that the defendant's conduct at a Board meeting, where Mr. Joyce was informed that he would not continue as coach once a new basketball league was formed, amounted to a repudiation of the contract. This repudiation was accepted by Mr. Joyce, leading to the termination of the contract.

The court's decision was based on a detailed analysis of the documentary evidence and the circumstances surrounding the formation and termination of the contract. It concluded that the contract was indeed formed at the press conference, and the defendant's actions at the Board meeting effectively terminated the contract through repudiation. The court awarded damages to Mr. Joyce, deducting the amount he had already earned from the contract period.

In summary, the court found that the contract was formed at the press conference and was later terminated by the defendant's repudiatory conduct. Mr. Joyce was awarded damages of $319,200, less the amount he had already earned.

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

The evidence established that in the two years from 1 July 2009, Mr Joyce has earned $8,883.52 (inclusive of GST). Although it has not been pleaded, Mr Pyle conceded that this amount should be deducted from any award. There is no other issue relating to the mitigation of the damages to be awarded. Conclusion I am satisfied that the contract between Mr Joyce and Blaze is constituted by the Summary, and that it came to an end as a result of the repudiatory conduct of Blaze, accepted by Mr Joyce on 28 January 2009. I therefore propose to award Mr Joyce the sum of $319,200, less $8,883.52.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Joyce v Gold Coast Blaze Pty Ltd [2011] QSC 407
PARTIES:	BRENDAN STEVEN JOYCE (plaintiff) v GOLD COAST BLAZE PTY LTD ACN 122 467 289 (defendant)
FILE NO:	SC No 9548 of 2009
DIVISION:	Trial Division
PROCEEDING:	Claim
DELIVERED ON:	23 December 2011
DELIVERED AT:	Brisbane
HEARING DATES:	3, 4, 5, 6, 10 October 2011
JUDGE:	Peter Lyons J
ORDER:
CATCHWORDS:	Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309, cited Allen v Carbone (1975) 132 CLR 528, cited Bank of Credit and Commerce International SA v Ali [2002] 1 AC 251, cited Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424, cited Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500, cited GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631, applied HSH Hotels (Australia) Ltd v State of Queensland [2011] QCA 329, cited Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451, cited Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165, cited Van Efferen v CMA Corporation Ltd [2001] FCA 597, considered Walker v Citigroup Global Markets Australia Pty Ltd (2006) 233 ALR 687, considered Weemah Park Pty Ltd v Glenlaton Investments Pty Ltd [2011] QCA 150, cited
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where negotiations for a coach to be retained by a National Basketball League licensee occurred over a period of time – where a summary of the negotiations was documented – where the summary was signed by both parties at a press conference convened for the purpose of announcing the appointment of the coach – where the coach commenced duties prior to the finalisation of a written contract – where the parties then continued negotiations regarding terms that were documented in a draft deed – whether a contract was formed on the signing of the summary at the press conference – whether a contract was formed at a specified point during the continued negotiations
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON- PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION – where the coach attended a Board meeting of the licensee, at which he was advised he would not continue to be employed as the coach once a new basketball league was formed – whether the conduct of the licensee at the Board meeting amounted to a repudiation of the contract – whether the contract was terminated by an acceptance of the repudiation
COUNSEL:	D J Pyle for the plaintiff C C Wilson for the defendant
SOLICITORS:	O'Keefe Mahoney Bennett Solicitors for the plaintiff Reichman Lawyers for the defendant