Wright & Anor v Hamilton Island Enterprises Ltd [2003] QCA 36

ESTOPPEL - ESTOPPEL IN PAIS - EQUITABLE ESTOPPEL - PROMISSORY ESTOPPEL - where representations made by appellant did not contain details of the method of licence renewal - where representations oral - where learned primary judge found that the appellants were estopped from denying the existence of agreements for renewal - whether representations were sufficiently unambiguous to found an estoppel REAL PROPERTY - LICENCES - GENERALLY - where appellant made oral promise to renew respondents' licence - where learned primary judge found this promise to constitute a collateral contract to the main licence agreement - whether finding of collateral contract by learned primary judge was inconsistent with main licence agreements PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - PRACTICE UNDER RULES OF COURT - PLEADING - DEFENCE AND CONTERCLAIM - where appellant's application to amend its defence and counterclaim refused by learned judge below - where learned judge below viewed the application to amend as an attempt to add detail to the declarations made by the learned judge at first instance - whether appellant was prejudiced by reason of this refusal APPEAL AND NEW TRIAL - APPEAL-GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - where appellant sought a declaration from second learned primary judge in different terms to the orders made by the learned primary judge - where second learned primary judge made orders giving effect only to the earlier declarations of the learned primary judge - whether appropriate to alter the wording of the final relief declarations made by the learned primary judge Uniform Civil Procedure Rules (Qld), r 5, r 770 ACN 055 389 725 Pty Ltd & Ors v Hamilton Island Enterprises Ltd [1998] QSC 030; SC No 8982 of 1996, 17 March 1998, considered

Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1, cited

Heilbut Symons & Co v Buckleton [1912] UKHL 2; [1913] AC 30, considered

Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64; (1984) 156 CLR 41, cited

Hoyt's Pty Ltd v Spencer [1919] HCA 64; (1919) 27 CLR 133, followed

Johnson Matthey Ltd v A C Rochester Overseas Corp (1990) 23 NSWLR 190, considered

Legione v Hateley [1983] HCA 11; (1983) 152 CLR 406, considered

State Rail Authority of New South Wales v Heath Outdoor Pty Ltd (1986) 7 NSWLR 170, followed

Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, considered

Wright & Anor v Hamilton Island Enterprises Ltd [1998] QSC 029; SC No 8981 of 1996, 17 March 1998, considered