Coles Supermarkets Australia Pty Ltd v FKP Limited (No 2) [2009] FCA 150

Coles Supermarkets Australia Pty Ltd v FKP Limited (No 2) [2009] FCA 150

There is a binding agreement between the applicant and second respondent comprising the documents specified, and the court ordered specific performance and awarded the applicant 75% of its costs due to partial success (contractual success, but failure on Trade Practices Act claims).

Jurisdiction
Australia
Judgment Date
19 February 2009
Procedural Posture
Application / Final Orders After Judgment
Outcome
Specific performance granted against the second respondent, application dismissed against first respondent, costs partially awarded to applicant.
Legal Topics
['specific Performance' 'costs' 'binding Agreements' 'trade Practices Act']
['contract Law' 'equity'] ['specific Performance' 'costs' 'binding Agreements' 'trade Practices Act']

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

Application / Final Orders After Judgment

Legal Issues

  1. 1 ['Whether a binding agreement existed between the applicant and second respondent' 'Whether the agreement should be specifically performed' 'Appropriate costs order given partial success of claims']

Ratio Decidendi

There is a binding agreement between the applicant and second respondent comprising the documents specified, and the court ordered specific performance and awarded the applicant 75% of its costs due to partial success (contractual success, but failure on Trade Practices Act claims).

Court Disposition

Specific performance granted against the second respondent, application dismissed against first respondent, costs partially awarded to applicant.

Orders

  • ['The applicant has a binding agreement with the second respondent as specified in the documents.' 'Application dismissed against the first respondent.' 'The second respondent to specifically perform and carry out the agreement.' 'The second respondent to pay 75% of the costs of the applicant, including any reserved...