SMITH BROS TRADE AND TRANSPORT TERMINAL PTY LTD v PACIFIC POWER [1998] NSWCA 212

SMITH BROS TRADE AND TRANSPORT TERMINAL PTY LTD v PACIFIC POWER [1998] NSWCA 212

The express term in the licence agreement (condition 5) negated any implied warranty as to fitness or suitability of the land for the appellant's purposes; the flooding did not frustrate the contract and there was no unconscionable conduct by the respondent.

Parties
Appellant: Smith Bros Trade & Transport Terminal Pty Ltd; Respondent: Pacific Power
Jurisdiction
Australia
Judgment Date
31 July 1998
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed
Legal Topics
Implied Terms, Frustration of Contract, Unconscionability, Licences for Occupation of Land
Contract Law Implied Terms Frustration of Contract Unconscionability Licences for Occupation of Land

Case Brief

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Parties

Smith Bros Trade & Transport Terminal Pty Ltd

Appellant

Pacific Power

Respondent

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether there was an implied term that the land would be suitable for timber storage
  2. 2 Whether the contract was frustrated due to flooding
  3. 3 Whether the conduct of the respondent amounted to unconscionable conduct

Ratio Decidendi

The express term in the licence agreement (condition 5) negated any implied warranty as to fitness or suitability of the land for the appellant's purposes; the flooding did not frustrate the contract and there was no unconscionable conduct by the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.