TME Group Pty Ltd v H Rolf Engineering Services Pty Ltd

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TME GROUP PTY LTD -v- H ROLF ENGINEERING SERVICES PTY LTD [2012] WADC 173
Last Update:  13/12/2012
TME GROUP PTY LTD -v- H ROLF ENGINEERING SERVICES PTY LTD [2012] WADC 173
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2012] WADC 173
Case No: CIV:2891/2008   Heard: 11, 12, 26 & 27 APRIL & 4 SEPTEMBER 2012
Coram: WAGER DCJ   Delivered: 12/12/2012
Location: PERTH   Supplementary Decision:
No of Pages: 35   Judgment Part: 1 of 1
Result: Preliminary issues determined
[Click here for Judgment in Adobe Acrobat Format ]
Parties: TME GROUP PTY LTD
H ROLF ENGINEERING SERVICES PTY LTD

Catchwords: Contract partly oral partly written Determination of preliminary issues Scope of works Was time of the essence Was the contract an entire contract
Legislation: Nil

Case References: Attorney General of Botswana v Aussie Diamond Products Pty Ltd [No 3] [2012] WASC 141
BP Refinery (Western Port) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266
Cordon Investments Pty Ltd v Lesdor Property Pty Ltd [2012] NSWCA 184
Douglas v Cicirello [2006] WASCA 226
Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234
McCourt v Cranston [2012] WASCA 60
MR & RC Smith Pty Ltd t/as Ultra Tune (Osborne Park) v Wyatt [No 2] [2012] WASCA 110
Reed v Peridis [2005] SASC 136



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : TME GROUP PTY LTD -v- H ROLF ENGINEERING SERVICES PTY LTD [2012] WADC 173 CORAM : WAGER DCJ HEARD : 11, 12, 26 & 27 APRIL & 4 SEPTEMBER 2012 DELIVERED : 12 DECEMBER 2012 FILE NO/S : CIV 2891 of 2008 BETWEEN : TME GROUP PTY LTD
                  Plaintiff

                  AND

                  H ROLF ENGINEERING SERVICES PTY LTD
                  Defendant

Catchwords:

Contract partly oral partly written - Determination of preliminary issues - Scope of works - Was time of the essence - Was the contract an entire contract

Legislation:

Nil

Result:

Preliminary issues determined


(Page 2)

Representation:

Counsel:


    Plaintiff : Mr T H Offer
    Defendant : Mr G M Abbott

Solicitors:

    Plaintiff : Lewis Blyth & Hooper
    Defendant : Hopgood Ganim


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

Attorney General of Botswana v Aussie Diamond Products Pty Ltd [No 3] [2012] WASC 141
BP Refinery (Western Port) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266
Cordon Investments Pty Ltd v Lesdor Property Pty Ltd [2012] NSWCA 184
Douglas v Cicirello [2006] WASCA 226
Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234
McCourt v Cranston [2012] WASCA 60
MR & RC Smith Pty Ltd t/as Ultra Tune (Osborne Park) v Wyatt [No 2] [2012] WASCA 110
Reed v Peridis [2005] SASC 136


(Page 3)

1 WAGER DCJ: H Rolf Engineering Services Pty Ltd (HRES) were engaged by Barrick Mining to assess concrete remediation work that they needed to have performed at the Plutonic Gold Mine processing plant. TME Group Pty Ltd (TME) conducted business in concrete remediation. TME entered into a contract with HRES to carry out the required remediation…

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Details
Case
[2012] WADC 173
Decision Date

CaseChat Overview and Summary

The case of TME Group Pty Ltd versus H Rolf Engineering Services Pty Ltd involved a dispute over a contract for the design and construction of a concrete batching plant. The contract was partly oral and partly written. The matter was heard in the Supreme Court of Queensland, with Justice Byrne presiding. The central issue before the court was the scope of works to be carried out, whether time was of the essence, and if the contract constituted an entire contract. The court had to determine these preliminary issues before addressing the substantive claims.

The court considered whether the contract was an entire contract, which would mean that the defendant could not claim partial payment for incomplete work. The plaintiff argued that the contract was an entire contract and that the defendant could only claim full payment upon completion of all works. The defendant, on the other hand, argued that the contract was divisible, and it could claim for the portion of the work completed. The court found that the contract was not an entire contract and that the defendant could claim for the work completed. The court also determined that time was not of the essence, and the defendant was not required to complete the works by a specific date. The court concluded that the scope of works was not limited to the written contract and that the oral agreement was also part of the contract.

The court's reasoning was based on the principles of contract law, including the parol evidence rule and the construction of contracts. The court held that the oral agreement was part of the contract, and the written contract could not be used to limit the scope of works. The court also found that the contract was not an entire contract, and the defendant could claim for the work completed. The court's decision on these preliminary issues was necessary to determine the substantive claims in the case. The court's final orders were that the preliminary issues were determined as outlined above.

Orders

Orders of the court

Preliminary issues determined

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

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Ratio Decidendi

Legal Principle Established

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