Standard of government conduct depends on nature of contract

Are governments required to conduct themselves differently to their equivalent private sector counterparts when acting in their capacity as buyers of services from the private sector? The question, which is often posed, was considered in the recent case of Hine v NSW Land and Housing Corporation [2009] FCA 1242 in the context of determining whether a statutory corporation owed a duty of care to a subcontractor in a commercial context and whether the statutory corporation had engaged in misleading and deceptive conduct.

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