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Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2018] FCA 174

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CONTRACTS - general principles as to formation of contract - whether legally binding contract formed - whether conduct manifested mutual assent to be legally bound to essential elements of a contract - whether essential terms agreed where necessary party not yet incorporated - no contract found CONSUMER LAW - misleading or deceptive conduct - whether conduct represented the existence of an enforceable agreement - nature of alleged representation as to future conduct - distinctions between promise, prediction, plan and present opinion or intention as to future event - no misleading or deceptive conduct ESTOPPEL - whether representation of the existence of an enforceable agreement - relevance of proportionality when considering grant of relief giving effect to representation - no estoppel found COSTS - whether lump-sum order should be made - relevance of estimates given by parties before outcome known - relevance of urgency and duration of proceedings - lump sum order made

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