In July 2007 Port of Brisbane published a request for proposals to develop part of the Scarborough Boat Harbour. A Mr Morley was responsible for for reviewing Port of Brisbane’s approach to renting dry land and seabed in the boat harbours. Following a consultation with accountants Mr Morley produced a Strategic Plan recommending rent changes which was approved by an executive leadership committee within Port of Brisbane. Compass entered into an Agreement to Lease with Port of Brisbane to develop the new area of Scarborough Boat Harbour which included obligations to develop two restaurants. Subsequently, Compass asked to be relieved of this obligation as it was no longer deemed commercially viable and instead build dry stack facilities and open spaces. Port of Brisbane was not willing to consent to Compass’ proposal.
In these two proceedings, Compass sought damages, and to be relieved of its obligations under these agreements. Its case was based on deceit alternatively, the Trade Practices Act 1974 (Cth), and estoppel. The State sued for rent, and on the guarantee given by Compass’s director.
Claire Schneider (with D Kelly QC) appeared for the plaintiff, instructed by Corrs Chambers Westgarth.
The judgment is published here.