Rooney v ABB Grain Ltd [2010] FCA 1392

Rooney v ABB Grain Ltd [2010] FCA 1392

It was an implied term of the eight contracts that the respondent would publish pricing information for APW multi-variety contracts on daily bid sheets; the respondent's prolonged failure to publish this information was a sufficiently serious breach of an intermediate term, entitling the applicant to terminate those contracts. The applicant lawfully exercised this right. The ninth contract was for a multigrade bin wheat contract; the applicant was not entitled to terminate this contract and thereby committed a breach, entitling respondent to damages. Declaratory relief was refused as the applicant had no real interest and no consequences would flow from such declarations.

Jurisdiction
Australia
Judgment Date
14 December 2010
Procedural Posture
Contract / Corporations Civil Dispute / First Instance Judgment
Outcome
Applicant validly terminated eight contracts; respondent's cross-claim in relation to them dismissed. Applicant not entitled to terminate ninth contract; respondent entitled to damages for breach of that contract. Declaratory relief refused.
Legal Topics
['repudiation and Termination of Contract' 'financial Products Disclosure' 'implied Contractual Terms' 'damages for Breach of Contract']
['contract Law' 'corporations Law'] ['repudiation and Termination of Contract' 'financial Products Disclosure' 'implied Contractual Terms' 'damages for Breach of Contract']

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Procedural Posture

Contract / Corporations Civil Dispute / First Instance Judgment

Legal Issues

  1. 1 ['Whether applicant validly terminated eight ABB Basis Contracts for wheat supply with the respondent' 'Whether respondent breached/implied (or express) terms by failing to publish multi-variety pricing as required for contract performance' 'Whether the ninth contract was a multi-variety wheat contract or a multigrade bin wheat contract and effect thereof' 'Whether applicant was entitled to declarations of contraventions of the Corporations Act 2001 (Cth) by respondent' 'Whether respondent entitled to damages for breach/repudiation of any of the contracts']

Ratio Decidendi

It was an implied term of the eight contracts that the respondent would publish pricing information for APW multi-variety contracts on daily bid sheets; the respondent's prolonged failure to publish this information was a sufficiently serious breach of an intermediate term, entitling the applicant to terminate those contracts. The applicant lawfully exercised this right. The ninth contract was for a multigrade bin wheat contract; the applicant was not entitled to terminate this contract and thereby committed a breach, entitling respondent to damages. Declaratory relief was refused as the applicant had no real interest and no consequences would flow from such declarations.

Court Disposition

Applicant validly terminated eight contracts; respondent's cross-claim in relation to them dismissed. Applicant not entitled to terminate ninth contract; respondent entitled to damages for breach of that contract. Declaratory relief refused.

Orders

  • ['The parties have leave to make submissions as to the appropriate orders having regard to these reasons.']