Abigroup Contractors Pty Ltd v ABB Service Pty Ltd (formerly ABB Engineering Construction Pty Ltd) [2004] NSWCA 181

Abigroup Contractors Pty Ltd v ABB Service Pty Ltd (formerly ABB Engineering Construction Pty Ltd) [2004] NSWCA 181

No limited terms contract was formed upon commencement of works because the letter of intent and surrounding circumstances indicated no intention by the parties to make an immediately binding contract on that basis; consequently, the appellant was precluded from advancing a case for a contract it did not run before the referee, especially where prejudice would result. Judgment on abandoned claims was not warranted, and the costs order below was within proper discretion, as the evidence for abandoned claims remained relevant to surviving issues.

Jurisdiction
Australia
Judgment Date
15 June 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs; cross-claim dismissed.
Legal Topics
['formation of Contract' 'quantum Meruit' 'repudiation' 'estoppel' 'discontinuance/abandonment of Claims' 'costs in Litigation']
['contract Law' 'civil Procedure' 'costs'] ['formation of Contract' 'quantum Meruit' 'repudiation' 'estoppel' 'discontinuance/abandonment of Claims' 'costs in Litigation']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether a contract, specifically a 'limited terms' contract, came into existence between the parties upon commencement of works under a letter of intent;" 'Whether the appellant was precluded from relying on a contract case not run before the referee;' "Whether judgment should have been entered for the appellant on claims the respondent had 'abandoned';" 'Whether the order for costs by the primary judge should have been moderated because certain claims were not pursued by the respondent.']

Ratio Decidendi

No limited terms contract was formed upon commencement of works because the letter of intent and surrounding circumstances indicated no intention by the parties to make an immediately binding contract on that basis; consequently, the appellant was precluded from advancing a case for a contract it did not run before the referee, especially where prejudice would result. Judgment on abandoned claims was not warranted, and the costs order below was within proper discretion, as the evidence for abandoned claims remained relevant to surviving issues.

Court Disposition

Appeal dismissed with costs; cross-claim dismissed.

Orders

  • ['In the proceedings below, dismiss the cross-claim.' 'In the appeal, appeal dismissed with costs.']