Supreme Court - Trial Division

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Baldwin & Anor v Icon Energy Ltd & Anor [2015] QSC 012; [2015] 6 QLR (14/3667) Philip McMurdo J 03/02/2015

Full-text: QSC15-012.pdf

Catchwords

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING CONTRACT – VAGUENESS AND UNCERTAINTY – UNCERTAIN PROMISES – where the parties entered into a memorandum of understanding or deed to facilitate the development a gas supply agreement – where the parties agreed to use their “reasonable endeavours to negotiate” – where the defendants claimed the agreement to negotiate was uncertain and unenforceable

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the parties entered into a memorandum of understanding or deed to facilitate the development a gas supply agreement

Uniform Civil Procedure Rules considered

Rule 171(1)(a) - Striking out pleadings - discloses no reasonable cause of action or defenceRule 171 (1)(e) - Striking out pleadings