| Surfstone Pty Ltd v Morgan Consulting Engineers Pty Ltd (QSC) - contracts - ACEA Guideline Terms of Agreement incorporated in full into contract between parties - clause of ACEA Guideline Terms of Agreement barred plaintiffs bringing proceeding against defendant - questions answered in affirmative |
| Summaries With Link (Five Minute Read) |
Surfstone Pty Ltd v Morgan Consulting Engineers Pty Ltd [2015] QSC 290
Supreme Court of Queensland
P Lyons J
Contract - negligence - separate questions - plaintiffs arranged to have construction work carried out - defendant engineers submitted fee proposal stating ‘commission would be generally in accordance with the ACEA Guideline Terms of Agreement’ - defendant did not provide plaintiffs with copy of Guideline terms - plaintiffs did not request Guideline terms - clause of Guideline Terms limited duration of defendant’s liability for commission to one year from completion - plaintiffs filed claim in negligence 9 years after defendant submitted last invoice - defendant alleged Guideline Terms incorporated into contract and that clause prevented plaintiffs from bringing action - held: ACEA Guideline Terms of Agreement incorporated in full into contract between plaintiffs and defendant - clause of ACEA Guideline Terms of Agreement barred plaintiffs bringing proceeding against defendant - questions answered in affirmative.
Surfstone
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