Negotiations to lease: BBB Constructions Pty Ltd V Aldi Foods Pty Ltd [2012] NSWCA 224

In the primary proceedings BBB claimed that Aldi engaged in conduct that was misleading or deceptive or unconscionable and breached the Trade Practices Act 1974 (Cth). Additionally, BBB claimed that Aldi was by reason of equitable estoppel, estopped from resiling from conduct or representations that Aldi would enter into a binding agreement for lease of premises. Furthermore, BBB claimed that Aldi was by reason of equitable estoppel, not able to resile from a common assumption by the parties that Aldi would enter into an agreement for lease of premises.

The primary judge, Justice McDougall found that Aldi did not engage in representations or conduct that was misleading, deceptive or unconscionable.