Abigroup Contractors Pty Ltd v Sydney Catchment Authority [2003] NSWSC 634

Abigroup Contractors Pty Ltd v Sydney Catchment Authority [2003] NSWSC 634

The Referee's Report should be adopted because Abigroup did not show any error of principle, patent misapprehension of evidence, perversity or manifest unreasonableness in the Referee's findings. The Referee was entitled to find that Abigroup had not proved that the representation about the absence of plans of the embankment or outlet pipe was false or misleading, had not proved reliance on that representation in tendering or entering the contract, and had not proved misleading or deceptive conduct by SCA in providing the Concept Design Documents, which were passed on subject to clear warnings and qualifications.

Jurisdiction
Australia
Judgment Date
23 July 2003
Procedural Posture
Equity Division Technology & Construction List Proceedings Concerning Contractual Tender Disputes and Alleged Misleading or Deceptive Conduct / Motions Under SCR Pt 72 R 13(1) Concerning Whether a Referee's Report Should Be Rejected or Adopted
Outcome
Abigroup's Notice of Motion dismissed; the Referee's Report adopted; SCA entitled to the orders sought in its Notice of Motion.
Legal Topics
["referee's Report" "adoption or Rejection of Referee's Report" 'misleading or Deceptive Conduct' 'tender Documents' 'non Disclosure of Information' 'reliance' 'latent Conditions' 'design Development and Construct Contract']
['practice and Procedure' 'contract Law' 'trade Practices and Fair Trading' 'construction Law' 'tendering'] ["referee's Report" "adoption or Rejection of Referee's Report" 'misleading or Deceptive Conduct' 'tender Documents' 'non Disclosure of Information' 'reliance' 'latent Conditions' 'design Development and Construct Contract']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Division Technology & Construction List Proceedings Concerning Contractual Tender Disputes and Alleged Misleading or Deceptive Conduct / Motions Under SCR Pt 72 R 13(1) Concerning Whether a Referee's Report Should Be Rejected or Adopted

Legal Issues

  1. 1 ["Whether the Referee's Report should be rejected or adopted under SCR Pt 72 r 13(1)." 'Whether Sydney Catchment Authority engaged in misleading or deceptive conduct by issuing Concept Design Documents without disclosing Additional Information in its possession.' 'Whether the representation that no plans were available of the Folly Creek embankment or outlet pipe was false or misleading.' 'Whether Abigroup proved reliance on the alleged representations when preparing and submitting its tender and entering the contract.' 'Whether Sydney Catchment Authority adopted the DPWS Concept Design Documents as its own representations or merely passed them on for what they were worth.']

Ratio Decidendi

The Referee's Report should be adopted because Abigroup did not show any error of principle, patent misapprehension of evidence, perversity or manifest unreasonableness in the Referee's findings. The Referee was entitled to find that Abigroup had not proved that the representation about the absence of plans of the embankment or outlet pipe was false or misleading, had not proved reliance on that representation in tendering or entering the contract, and had not proved misleading or deceptive conduct by SCA in providing the Concept Design Documents, which were passed on subject to clear warnings and qualifications.

Court Disposition

Abigroup's Notice of Motion dismissed; the Referee's Report adopted; SCA entitled to the orders sought in its Notice of Motion.

Orders

  • ["Order Plaintiff's Notice of Motion dismissed." "Order that Referee's Report be adopted and Defendant entitled to orders sought in its Notice of Motion." 'Sydney Catchment Authority to bring in short minutes of orders.' 'The parties may address the Court in relation to costs.' 'Arrangements should be made with the...