Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204

Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204

Willshaun was not entitled to terminate the agreement as it was responsible for delays through repeated variations, prevented Lobux from completing the tank, and failed to prove breach; clauses 5.2(a), 5.2(b), 12, 13.4, 13.7, 16.3 and 21.3 were declared unfair and void; Willshaun must return the tank and pay delivery costs; Willshaun's claim for damages failed for lack of admissible evidence.

Parties
Applicant: Lobux Pty Ltd; Respondent: Willshaun Pty Ltd
Jurisdiction
Australia
Judgment Date
11 March 2022
Procedural Posture
Commercial Contract Dispute / Final Judgment With Orders and Declarations
Outcome
Applicant granted relief; unfair contract terms declared void; respondent's cross-claim for damages dismissed.
Legal Topics
Unfair Contract Terms, Repudiation, Security Interests, Loss of Opportunity, Expert Evidence Admissibility
Contracts Consumer Law Evidence Unfair Contract Terms Repudiation Security Interests Loss of Opportunity Expert Evidence Admissibility

Case Brief

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Parties

Lobux Pty Ltd

Applicant

Willshaun Pty Ltd

Respondent

Procedural Posture

Commercial Contract Dispute / Final Judgment With Orders and Declarations

Legal Issues

  1. 1 Which documents formed the agreement between the parties
  2. 2 Whether the agreement had unfair terms within s 24 of the Australian Consumer Law
  3. 3 Whether Lobux breached any terms such that Willshaun was entitled to terminate the agreement

Ratio Decidendi

Willshaun was not entitled to terminate the agreement as it was responsible for delays through repeated variations, prevented Lobux from completing the tank, and failed to prove breach; clauses 5.2(a), 5.2(b), 12, 13.4, 13.7, 16.3 and 21.3 were declared unfair and void; Willshaun must return the tank and pay delivery costs; Willshaun's claim for damages failed for lack of admissible evidence.

Court Disposition

Applicant granted relief; unfair contract terms declared void; respondent's cross-claim for damages dismissed.

Orders

  • Name of respondent amended to Willshaun Pty Ltd ACN 077 535 507.
  • Respondent to deliver up the 81658TDBS Hooklift Backdoor Vacuum Tank with Suction Boom and keys to applicant at 11 Shaw Road, Ingleburn, NSW, at respondent's cost.