DPN Solutions Pty Ltd v Tridant Pty Ltd
[2014] VSC 511
Citation 1
…nt.”[63] Nor am I satisfied that the conduct of United was clearly “unfair or unreasonable.” [63] DPN Solutions Pty Ltd v Tridant Pty Ltd [2014] VSC 511 [101]. 367.If there was unconscionability there would also be a further issue as to what loss, if any, would be established. As is apparent from the Statement of…
Trans Petroleum (Australia) Pty Ltd v White Gum Petroleum Pty Ltd
[2012] WASCA 165
Citation 2
…there is nothing unconscionable or unlawful in a party exercising a right to terminate without first exhausting such procedures. [27] [2012] WASCA 165. 200.It is therefore necessary to consider the decision in Trans Pretroleum which both parties made reference to. 201.The decision in Trans Petroleum concerned wheth…
Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL
[2005] VSCA 228
Citation 3
…Fuels was “clearly unbalanced” and that Gold Fuels was “at a substantial disadvantage and particularly vulnerable.” [21] [2005] VSCA 228. 179.In Esso , Warren CJ emphasized that the modern law of contract had developed on the premise of achieving certainty in commerce. She further stated: Ultimately, the interest…
Pan Foods Company Importers & Distributors Pty Ltd v Australia and New Zealand Banking Group Ltd
[2000] HCA 20
Citation 4
…156.Further, in Pan Foods Importers and Distributors Pty Ltd v ANZ Banking Group Ltd ,[16] Kirby J stated: [16] [2000] 170 ALR 579. In my view, such documents should be construed practically, so as to give effect to their presumed commercial purposes and so as not to defeat the achievement of such purposes by…
Sellars v Adelaide Petroleum NL
[1994] HCA 4
Citation 5
…s relies on Sellars v Adelaide Petroleum NL [34] seeking damages for deprivation of a commercial opportunity to sell his business. [34] (1994) 179 CLR 332. 216.In its Counterclaim it cited:[35] [35] Amended Defence and Counterclaim of the defendants, dated 1 March 2016 at paragraph 84. · an alleged offer from United…
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 6
…v President, Councillors and Ratepayers of Shire of Hastings [23] (“ BP Refinery ”) test rather than implication as a matter of law.[24] [23] (1977) 180 CLR 266. [24] Esso Petroleum Pty Ltd v Southern Pacific Petroleum NL [2005] VSCA 228 [25] (Buchannan J). 181.I do not consider that Gold Fuels was at a “substantial…