R.T. & Y.E. Falls Investments Pty Ltd v NSW and Ors

[2001] NSWSC 1027

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACT - INFORMAL CONTRACT - Whether concluded agreement comprised by facsimile and conversations - significant commercial transaction involved - whether parties evidenced common intention to be bound prior to formal contract - principles discussed - as a general rule, Court should be reluctant to find informal contract where parties negotiating substantial commercial transaction in contemplation of formal contract.
1. FAIR TRADING ACT - GOVERNMENT DEPARTMENT - BUSINESS - Whether NSW Department of Agriculture carrying on a business in paying compensation to cattle owners under Cattle Compensation Act, 1951 - principles discussed - Department relevantly carrying on a business to the extent it was engaging in an activity in which a private trader would engage.
1. FAIR TRADING ACT - REPRESENTATION - Whether representation involving express or implied statements as to present circumstances excludes representation being "with respect to" a future matter - expression of presently held opinion as to what is likely to happen is representation "with respect to" a future matter within s.41 FTA.
1. DAMAGES - ECONOMIC LOSS - Loss of sales of stud cattle - whether additional compensation payable for loss to value of Plaintiff's business - principles discussed.