CONTRACTS — formation — acceptance — acceptance by conductCONTRACTS — breach of contract — where consultant engaged to obtain and review tenders to supply an electric generator to work in synchronisation with two existing generators — where generator supplied incompatible with existing generators — where consultant required tenderers to comply with performance specifications — whether consultant required to verify or audit compliance with performance specificationsCONTRACTS — breach of contract — where tenderer supplied an electric generator to work in synchronisation with two existing generators — where generator supplied incompatible with existing generators — whether compliance with tender performance specifications a term of the contractCONTRACTS — interpretation — meaning of phrase "performance specification"MISLEADING OR DECEPTIVE CONDUCT — misrepresentations — where successful tenderer retained to supply an electric generator to work in synchronisation with two existing generators — where successful tenderer asked manufacturer to identify the winding pitch of the existing generators — where manufacturer supplied incorrect winding pitch — where generator subsequently supplied incompatible with existing generators due to inconsistent winding pitches DAMAGES — action for damages — misleading or deceptive conduct — reliance — requirement of causation — requirement to consider the policy or rationale of the relevant legal normDAMAGES — assessment — apportionment
Case Details
Citation[2013] NSWSC 1511
CourtNSWSC
JurisdictionNew South Wales
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