Wynton Stone Australia Pty Ltd (in liq) v. MWH Australia Pty Ltd
Lower Court Judgment
3/11/2010 Supreme Court of Victoria (Court of Appeal)(Warren CJ, Buchanan & Nettle JJA)
Practice and procedure — Pleadings — Trial judge stated, without objection, that pleaded issues would be treated as abandoned if not run in final submissions — Whether respondent abandoned breach of warranty claim.
Trade and commerce — Misleading and deceptive conduct — Warranty — Whether statement of fact in warranty constituted misleading and deceptive conduct — Causation — Reliance — Inferred reliance — Whether causation able to be inferred in absence of direct evidence of reliance — Gould v Vaggelas (1985) 157 CLR 215; Campbell v Backoffice Investments Pty Ltd  VSCA 245.
Contracts — Construction and interpretation — Intention of parties — Deed of Novation — Whether release of "all claims and demands whatsoever in respect of the contract" intended to cover breaches of contract occurring before date of Deed — Application of "business commonsense point of view" where language not ambiguous on its face.
01/12/2010 Application for special leave to appeal
11/03/2011 Hearing (SLA, Melbourne)
08/04/2011 Written submissions (Applicant)
02/05/2011 Written submissions (Respondent)
08/06/2011 Hearing (Full Court, Canberra) (Special leave refused with costs)