WHERE HELD. Melbourne DATE OF HEARING: 27-30 May, 3-6, 9-13 June 2024 DATE OF JUDGMENT: 30 August 2024 CASE MAY BE CITED AS: World Touring Melbourne v Australian Grand Prix Corporation MEDIUM NEUTRAL CITATION: [2024] VSC 521 MISLEADING OR DECEPTIVE CONDUCT — Agreement between event organiser and statutory corporation responsible for administration of Australian Grand Prix — Agreement to allow Xxxxxx Xxxxxxxx concert associated with 2020 Australian Grand Prix to proceed — Whether defendant contravened s 18(1) of the ACL in representing that concert must be cancelled in line with government advice — Alleged misleading or deceptive conduct to be viewed in context of all relevant surrounding facts and circumstances operative at time of representation — Representation to be examined from perspective of reasonable person in position of party claiming to have been misled or deceived — Whether plaintiff relied on representations made by the defendant — Xxxxxxx v Xxxxxxx Xxxxx Realty Pty Ltd (2004) 218 CLR 592 — Xxxxxxxx v Backoffice Investments Pty Ltd (2009) 238 CLR 304 — Ireland v WG Riverview Pty Ltd (2019) 101 NSLWR 658 — Australian Grands Prix Act 1994 — Competition and Consumer Act 2010 (Cth) Sch 2, s 18. CONTRACT — Breach of contract — Whether defendant breached contractual obligations in representing that concert must be cancelled in line with government advice — Principles of contractual interpretation — Commercial purpose of agreement — How a reasonable businessperson would understand actual contractual terms — Primary inquiry not what would reasonable businessperson consider to be the most appropriate commercial terms — Whether defendant breached express or implied duties of cooperation and good faith — Causation and remoteness — Whether existence of force majeure event prevented, hindered or delayed performance — Whether loss and damage caused by plaintiff’s failure to obtain adequate event-cancellation insurance — Whether loss claimed too remote — Whether construction of contract precludes recovery of loss arising from cancellation — Lebeaupin v Crispin [1920] 2 KB 714 — Secured Income Real Estate (Aust) Ltd v Xxxxxx Investments Pty Ltd (1979) 144 CLR 596 — Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 — SAS (Vic) Pty Ltd v Urban Ecological Systems Ltd [2021] VSCA 335. DAMAGES — Whether breach of contract causative of loss claimed — Assessment of quantum of damages — Damages for loss of opportunity — Xxxxxxx discount — Whether commer...
WHERE HELD. All meetings of shareholders of this Association ---------- shall be held at its main banking house in Kansas City, Xxxxxxx County, Missouri, or at such other place as the Board of Directors may from time to time designate.
