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Contract Cases

Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Limited & Anor [2020] QCA 289; [2021] QCA 79

15-12-20 / David Chesterman KC — Appellate, Contract

This matter concerned an appeal from the decision of the Queensland Supreme Court. Wagners Cement and Boral Resources had entered into a formal agreement concerning the purchase of cement products over a fixed term. Critically, the formal agreement contained a price adjustment provision (requiring the issuance of a pricing notice…

Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Ltd & Anor [2020] QSC 124

19-5-20 / David Chesterman KC — Contract

The proceeding comprised a claim and counterclaim each seeking declarations about the operation of a long term cement supply agreement. Whilst certain details are confidential, the dispute focused around the operation of a price review mechanism within the contract. The issues included the validity of certain notices served under that…

Wilmar Sugar Australia Limited v Queensland Sugar Limited [2019] QSC 116

10-5-19 / David Chesterman KC — Contract

The plaintiff entered into an agreement to supply sugar to the defendant under which the defendant was responsible for marketing and selling that sugar and the plaintiff was paid a price accordingly. The plaintiff brought an action for pure economic loss against the defendant for breach of contract and negligence…

Guirguis Pty Ltd & Another v Michel’s Patisserie System Pty Ltd & Ors (No 2) [2019] QDC 11

15-2-19 / David Chesterman KC — Competition & Consumer, Contract

Where the plaintiffs entered into a franchise agreement for a Michel’s Patisserie to be located in Townsville and alleged that oral and written representations were made on behalf of the franchisor which they relied upon regarding the kinds of products which would be available for them to sell as a…

Coast Corp Pacific Pty Ltd v Stockland Development Pty Ltd [2018] QSC 305

17-12-18 / David Chesterman KC, Sean Russell — Contract, Land Law & Property

In this matter the plaintiff purchased land and entered in to a contract with the defendant whereby the contract provided that defendant was to construct stormwater discharge points. The contract provided that upon construction of the discharge points the plaintiff would be entitled to discharge stormwater through “future stormwater retention basin and…

Cases — David Chesterman KC