MICHAEL MURRAY TOMLINSON

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Dockpride/Westpoint, an unsuccessful tenderer for the purchase and redevelopment of land at Subiaco Station Square, sued the Subiaco Redevelopment Authority for breach of contract and for misleading or deceptive conduct under the Fair Trading Act 1987 (WA) and Trade Practices Act 1974 (Cth). Le Miere J found a process contract existed between the Authority and Dockpride, including implied terms to deal fairly and in good faith and not to accept a bid unresponsive to the Design Guidelines, but held there was no breach: cl 6 of the Conditions of Tender permitted acceptance of a non-strictly-conforming tender, and the Authority had a margin of discretion to determine acceptable variances (e.g. Rokeby Walk alignment and anchor tenancy entrance). The successful Blackburne tender sufficiently responded to the guidelines. The misleading/deceptive conduct claims also failed as the alleged representations were either not made or not misleading. The preliminary issue of liability was determined in favour of the defendant. This is not a professional disciplinary matter and involves no findings of lawyer dishonesty or any sanction against a lawyer.