Similarly in Hospital Products Limited v. United States Surgical Corporation & Others (1984-1985) 156 CLR 41 it was held that the statements by an exclusive distributor preceding his appointment as a distributor that he would devote his best endeavours to distributing the company's products and building up the market for them were promissory.

[7]

Thorby v. Goldberg (1964) 112 CLR 597, 607 (Menzies J quoting Sugerman J from the NSW Court of Appeal in that case).

[8]

Meehan v. Jones (1982) 149 CLR 571, 589 (Mason J.)

[9]

Upper Hunter County District Council v. Australian Chilling and Freezing Co. (1968) 118 CLR 492 per Barwick CJ at 589.

[10]

F. & G. Sykes (Wessen) Ltd. v. Fine Fare Ltd. (1967) 1 Lloyd's Rep. 53 at 57-8.

[11]

Brown v. Gould (1972) Ch 53, 57-8.

[12]

Letter of Ms Jamin dated 27 July 1989.

[13]

Sheffield District Railway Co. v Great Central Railway Co. (1911) 27 TLR 451 (A.T. Lawrence J).

[14]

(1952) 69 RPC 234, 237.

[15]

(1979-1980) 144 CLR 83, 100-1.

[16]

(1937) 4 All ER 118, 127

[17]

Global Sportsman Pty. Ltd. v. Mirror Newspapers Ltd. (1984) 2 FCR 82, James v. ANZ Banking Group Ltd. (1986) 64 ALR 347, 372.

[18]

James v. ANZ Banking Group Ltd. p.372.

Parties

Applicant/Plaintiff:

Mooney

Respondent/Defendant:

Williams

Legislation Cited (1)

Fair Trading Act 1985(Vic)

Cases Cited (6)

(1905) 3 CLR 1

(1964) 112 CLR 597

(1982) 149 CLR 571

(1984) 2 FCR 82

(1986) 64 ALR 347

(1968) 118 CLR 492

Mooney v Williams - [1996] FCA 124 - FCA 1996 case summary — Zoe