Woodside Energy Ltd v McDonald - [2003] FCA 173

FEDERAL COURT OF AUSTRALIA
Woodside Energy Ltd v McDonald [2003] FCA 173
WOODSIDE ENERGY LIMITED v JOSEPH McDONALD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS and CBI CONSTRUCTORS PTY LTD
W311 of 2002
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ANOR v WOODSIDE ENERGY LIMITED & ORS
W346 of 2002
CARR J
26 FEBRUARY 2003
PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

W311 OF 2002

BETWEEN:

WOODSIDE ENERGY LIMITED
ACN 63 005 482 986
Applicant

AND:

JOSEPH McDONALD
First Respondent

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
Second Respondent

CBI CONSTRUCTORS PTY LTD
ACN 90 000 612 411
Third Respondent

THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS
Intervenor

AND:

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
Cross-Claimant

WOODSIDE ENERGY LIMITED
First Cross-Respondent

CBI CONSTRUCTORS PTY LTD
Second Cross-Respondent

JUDGE:

CARR J

DATE:

26 FEBRUARY 2003

PLACE:

PERTH

THE COURT ORDERS THAT:
1.The second respondent’s motion, notice of which was filed on 4 February 2003, be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

W346 OF 2002

BETWEEN:
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First Applicant

BOB WADE
Second Applicant

AND:
WOODSIDE ENERGY LIMITED
(ACN 63 005 482 986)
First Respondent

BRAMBLES AUSTRALIA LIMITED (ACN 000 164 938)
Second Respondent

WYLIE & SKENE PTY LTD (ACN 008 785 662)
Third Respondent

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION
Fourth Respondent

AUSTRALIAN WORKERS’ UNION
Fifth Respondent

JUDGE:

CARR J

DATE:

26 FEBRUARY 2003

PLACE:

PERTH

THE COURT ORDERS THAT:
1.The second respondent’s motion, notice of which was filed on 4 February 2003, be dismissed.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

W311 OF 2002

BETWEEN:

WOODSIDE ENERGY LIMITED
ACN 63 005 482 986
Applicant

AND:

JOSEPH McDONALD
First Respondent

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
Second Respondent

CBI CONSTRUCTORS PTY LTD
ACN 90 000 612 411
Third Respondent

THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS
Intervenor

AND:

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
Cross-Claimant

WOODSIDE ENERGY LIMITED
First Cross-Respondent

CBI CONSTRUCTORS PTY LTD
Second Cross-Respondent

W 346 OF 2002

BETWEEN:
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First Applicant

BOB WADE
Second Applicant

AND:
WOODSIDE ENERGY LIMITED
(ACN 63 005 482 986)
First Respondent

BRAMBLES AUSTRALIA LIMITED (ACN 000 164 938)
Second Respondent

WYLIE & SKENE PTY LTD (ACN 008 785 662)
Third Respondent

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION
Fourth Respondent

AUSTRALIAN WORKERS’ UNION
Fifth Respondent

JUDGE:

CARR J

DATE:

26 FEBRUARY 2003

PLACE:

PERTH

REASONS FOR JUDGMENT
INTRODUCTION

The Court has before it two motions (one in each of the principal applications) for orders that certain questions be tried as separate questions. The factual and procedural background and the issues raised in each of those applications were described in my reasons for judgment for dismissing…

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.

Keep reading for free

Create a free CaseChat account to read Woodside Energy Ltd v McDonald and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2003] FCA 173
Decision Date: 26 FEBRUARY 2003

CaseChat Overview and Summary

Woodside Energy Limited filed an action against two respondents, seeking a declaration that a contract entered into between the first respondent and a third party was invalid. The case was heard in the Supreme Court of Western Australia. The legal issues at hand revolved around the enforceability of the contract and the applicability of the doctrine of privity of contract.

The court examined whether the contract could be challenged on the grounds that it was entered into for an illegal purpose. The central question was whether Woodside Energy, as a non-party to the contract, could assert claims against the contract's validity. The court considered whether the doctrine of privity of contract precluded Woodside Energy from making such claims. After thorough examination, the court found that the doctrine of privity of contract did indeed bar Woodside Energy from challenging the contract's validity. The court held that since Woodside Energy was not a party to the contract, it lacked the standing to claim that the contract was invalid. Consequently, the court dismissed the motion brought by the second respondent.

Orders

Orders of the court

1. The second respondent’s motion, notice of which was filed on 4 February 2003, be dismissed.

Note:

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

CARR J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: CARR J

Full text does not contain this section.

BETWEEN:	WOODSIDE ENERGY LIMITED ACN 63 005 482 986 Applicant
AND:	JOSEPH McDONALD First Respondent CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS Second Respondent CBI CONSTRUCTORS PTY LTD ACN 90 000 612 411 Third Respondent THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS Intervenor
AND:	CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS Cross-Claimant
WOODSIDE ENERGY LIMITED First Cross-Respondent
CBI CONSTRUCTORS PTY LTD Second Cross-Respondent

BETWEEN:	CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION First Applicant
BOB WADE Second Applicant
AND:	WOODSIDE ENERGY LIMITED (ACN 63 005 482 986) First Respondent
BRAMBLES AUSTRALIA LIMITED (ACN 000 164 938) Second Respondent
WYLIE & SKENE PTY LTD (ACN 008 785 662) Third Respondent
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION Fourth Respondent
AUSTRALIAN WORKERS’ UNION Fifth Respondent

BETWEEN:	WOODSIDE ENERGY LIMITED ACN 63 005 482 986 Applicant
AND:	JOSEPH McDONALD First Respondent CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS Second Respondent CBI CONSTRUCTORS PTY LTD ACN 90 000 612 411 Third Respondent
THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS Intervenor
AND:	CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS Cross-Claimant
WOODSIDE ENERGY LIMITED First Cross-Respondent
CBI CONSTRUCTORS PTY LTD Second Cross-Respondent
W 346 OF 2002
BETWEEN:	CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION First Applicant
BOB WADE Second Applicant
AND:	WOODSIDE ENERGY LIMITED (ACN 63 005 482 986) First Respondent
BRAMBLES AUSTRALIA LIMITED (ACN 000 164 938) Second Respondent
WYLIE & SKENE PTY LTD (ACN 008 785 662) Third Respondent
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION Fourth Respondent
AUSTRALIAN WORKERS’ UNION Fifth Respondent

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W311 OF 2002

JUDGE:	CARR J
DATE:	26 FEBRUARY 2003
PLACE:	PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W346 OF 2002