Skilled Group Ltd v CSR Viridian Pty Ltd & Anor [2012] VSC 290

Unexecuted sub-contracts - Whether binding sub-contracts entered into – Sub-contracts implied from conduct – Whether conduct of parties evidenced a concluded bargain and on what terms - Fourth class of Masters v Cameron (1954) 91 CLR 353 considered and applied - Whether party estopped from denying binding sub-contracts – Whether restitutionary quantum meruit available - Lumbers v W Cook Builders Pty Limited (2007) 232 CLR 635 considered and applied - Milestone dates for progressive completion of stages of works not agreed – Whether milestone dates essential terms - Whether free acceptance of benefit arises – Construction and effect of final certificates issued by superintendent under General Conditions of AS2124 – 1992 as amended – Entitlement for payment pursuant to final certificates.

CONTRACT - Whether conduct of parties evidenced a concluded bargain and on what terms - Fourth class of Masters v Cameron (1954) 91 CLR 353 considered and applied – Whether party estopped from denying binding contract – Lumbers v W Cook Builders Pty Limited (2007) 232 CLR 635 considered and applied - Whether restitutionary quantum meruit available.

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