Trinvass Pty Ltd v Connect Infrastructure Design Pty Ltd

The case of Trinvass Pty Ltd v Connect Infrastructure Design Pty Ltd involved a dispute between two companies in the building and construction industry, specifically regarding the terms of a contract and the applicability of consumer law. The matter was heard in the Supreme Court of New South Wales. The plaintiff, Trinvass Pty Ltd, alleged that the defendant, Connect Infrastructure Design Pty Ltd, breached an implied term under the Australian Consumer Law by making false or misleading representations about the services they would provide. Trinvass claimed that Connect promised to deliver services that were not feasible, which led to delays and additional costs.

The court was required to determine several legal issues, including whether there was an implied term in the contract that the services would be performed with due care and skill, and if the representations made by Connect constituted false or misleading conduct under the Australian Consumer Law. The court also needed to assess the impact of these alleged breaches on the performance of the contract and whether Trinvass was entitled to any remedies or damages.

The court found that while the contract did imply a term that Connect would perform their services with due care and skill, the representations made by Connect did not amount to false or misleading conduct under the Australian Consumer Law. The court determined that the representations were not misleading because they were based on the defendant's genuine belief that the services could be performed as promised. Additionally, the court concluded that any delays or additional costs incurred by Trinvass were not due to any breach of contract by Connect. The court ultimately ruled in favour of the defendant, finding that there was no basis for the plaintiff's claims.

The orders of the court were that there be judgment and verdict for the defendant, Connect Infrastructure Design Pty Ltd. The court also ordered that the plaintiffs pay the defendant’s costs.