| Baldwin
v Icon Energy Ltd (QSC) - pleadings - contract - claim for
breach of memorandum of understanding struck out
|
| Australia
and New Zealand Banking Group Ltd v Manasseh (WASC) - bank’s claim
for amount owing under guarantee dismissed
|
| Summaries With Link (Five Minute Read) |
Baldwin v Icon Energy Ltd [2015] QSC 12
Supreme
Court of Queensland
P
McMurdo J
Pleadings
- contract - parties entered memorandum of understanding (MOU) to the end of
entering into gas supply agreement - no gas supply agreement concluded -
plaintiff sued defendants, claiming they did not negotiate as they promised in
MOU - defendants sought to strike out statement of claim on basis it disclosed
no reasonable cause of action or was otherwise an abuse of process - rr171(1)(a) & 171(1)(e) Uniform Civil Procedure Rules 1999 (Qld)
- held: promises within clauses of MOU were
uncertain and unenforceable - promises within one clause taken alone were
enforceable - open to plaintiff to make claim for damages for breach of terms
in that clause but plaintiff had made no distinct claim - claim for loss and
damage deficiently pleaded - statement of claim struck out.
Baldwin |
Australia and New Zealand
Banking Group Ltd v Manasseh
[2015] WASC 34
Supreme
Court of Western Australia
McKechnie
J
Contract
- guarantee - defendant’s husband borrowed money on behalf of company from bank
- defendant provided guarantee secured by mortgage - bank contended guarantee continued
for subsequent credit contracts offered or made to company - bank sued on one
of the subsequent contracts (November 2009 credit contract) - defendant claimed
liability came to an end on termination date of extension to guarantee to which
she had agreed - defendant did not agree to guarantee November 2009 credit
contract - held: no misleading or deceptive conduct by bank - defendant’s obligation
could only end when company had performed all of its obligations to bank and
discharged its liability in full - however November 2009 credit contract was in substance a
replacement agreement which adversely affected defendant’s liability under guarantee
- defendant would only become liable if she consented or entered into new
guarantee - bank’s claims under guarantee and mortgage dismissed.
Australia
and New Zealand Banking Group Ltd |
