Wright & Anor v Hamilton Island Enterprises Ltd; ACN 055 389 725 P/L & Ors v Hamilton Island Enterprises Ltd

[2003] QCA 36

Queensland Court of Appeal

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Interrogate

Catchwords

1. Estoppel
2. › Equitable estoppel
3. › Promissory estoppel
4. › Sufficiency of representations
5. › Whether oral representations sufficiently unambiguous to found estoppel
6. › Whether representations must contain details of method of licence renewal
1. Real Property
2. › Licences
3. › Renewal of licences
4. › Collateral contract
5. › Whether oral promise to renew licence constitutes collateral contract
6. › Whether collateral contract inconsistent with main licence agreement
1. Practice and Procedure
2. › Pleading
3. › Amendment of defence and counterclaim
4. › Whether refusal to allow amendment caused prejudice
1. Appeal
2. › Interference with discretion of court below
3. › Final relief declarations
4. › Whether appropriate to alter wording of declarations made by trial judge

Quick Take

Oral representations regarding licence renewal must be sufficiently unambiguous to found an estoppel. A right of renewal arising from a collateral contract (oral promise) is personal to the promisee and not assignable. Where a collateral contract for renewal is found, the promisee must confirm exercise of the renewal right in writing.