Facts The first respondents were appointed liquidators of the second respondent (“Akron Roads“) and later commenced proceedings against the remaining respondents for insolvent trading as directors of Akron Roads. One of the respondents, Crewe Sharp Pty Ltd, claimed indemnity to […]
Tag: privity
Clarence City Council v Commonwealth of Australia [2019] FCA 1568
Facts Two Tasmanian councils (the Clarence City Council and the Northern Midlands Council) sought declarations that they were each owed the benefit of contracts to which they were not parties. The operator of Hobart airport, Hobart International Airport Pty Ltd […]
Wilson v Darling Island Stevedoring and Lighterage Co Ltd (1956) 95 CLR 43
Facts A Bill of Lading was agreed between the carrier (the owner of the ship Tremayne) and the consignors of the goods that a case of tulle soie and tulle rayonne would be shipped from Marseilles to Sydney, the rights […]
Coulls v Bagots Executor & Trustee Co Ltd (1967) 119 CLR 460
Facts Arthur Leopold Coulls died on 8 June 1960, having made a will by which he appointed Bagot’s Executor and Trustee Co Ltd (“Bagots“) to be his executor and trustee. Mr Coulls entered into a contract with O’Neil Constructions Pty […]
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107
Facts McNiece Bros Pty Ltd (McNiece) sought to enforce an insurance contract made between Trident General Insurance (Trident) and Blue Circle Southern Cement Ltd (Blue Circle). McNiece was the principal contractor for construction work at a plant which was owned […]
