Recent Cases

United Resource Management Pty Ltd v Par Recycling Services Pty Ltd [2023] NSWCA 236 (05 October 2023) (Ward P, Meagher and Gleeson JJA)


Catchwords:


CONTRACTS — Implied contract — Where agreement automatically terminates upon termination of another contract — Where party fails to notify that first contract has terminated and parties continue acting as if agreement in force — Where parties agree there was an implied agreement which continued after termination — Whether implied agreement terminable on reasonable notice

CONSUMER LAW — Misleading or deceptive conduct — Where agreement automatically terminates upon termination of another contract — Whether party engaged in misleading or deceptive conduct by failing to notify other party that other contract had terminated and by representing that agreement was “binding” and remained in force — Whether but for this conduct other party would not thereafter have taken a specific course by entering into a particular agreement