Relative Mirait Services Pty Ltd v Midcoast Under Road Boring Pty Ltd [2013] NSWSC 107

Relative Mirait Services Pty Ltd v Midcoast Under Road Boring Pty Ltd [2013] NSWSC 107

There was no mixed question of fact and law; the magistrate correctly implied terms necessary for business efficacy, procedural fairness was not denied, and the findings were open on the evidence. Leave to appeal was refused as no error of law was demonstrated.

Parties
Plaintiff: Relative Mirait Services Pty Limited; Defendant: Midcoast Under Road Boring Pty Limited
Jurisdiction
Australia
Judgment Date
22 February 2013
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Local Court to Supreme Court
Outcome
Leave to appeal refused
Legal Topics
Implication of Terms, Assumption of Risk, Progress Payments, Procedural Fairness, Quantum Meruit, Unjust Enrichment
Contract Law Construction Law Implication of Terms Assumption of Risk Progress Payments Procedural Fairness Quantum Meruit Unjust Enrichment

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Parties

Relative Mirait Services Pty Limited

Plaintiff

Midcoast Under Road Boring Pty Limited

Defendant

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Local Court to Supreme Court

Legal Issues

  1. 1 Whether implied terms of fact may be found in the agreement regarding risk allocation and communication upon failure to complete works
  2. 2 Whether the magistrate correctly applied the test for implying contractual terms
  3. 3 Whether there was denial of procedural fairness

Ratio Decidendi

There was no mixed question of fact and law; the magistrate correctly implied terms necessary for business efficacy, procedural fairness was not denied, and the findings were open on the evidence. Leave to appeal was refused as no error of law was demonstrated.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused