Fields Group Pty Ltd v Wilson Security Pty Ltd [2019] NSWCA 286

Fields Group Pty Ltd v Wilson Security Pty Ltd [2019] NSWCA 286

Fields did not establish that Wilson agreed to provide subcontract work that could be performed by security guards who did not hold NV1 or NV2 security clearances, whether generally or in the regional areas identified. The tender language referred only to work that could be filled by Indigenous security guards where possible and contemplated progression to higher clearances. In any event, any obligation was qualified by "where possible", and Fields did not establish that it was possible for Wilson to provide the stipulated subcontract work but that Wilson failed to do so.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Appeal in Contract Proceedings / Appeal From Supreme Court of New South Wales, Equity Division, Commercial List
Outcome
Appeal dismissed with costs.
Legal Topics
['contract Construction' 'scope of Contractual Obligations' 'subcontracting Commitment' 'security Services' 'indigenous Procurement']
['contract Law'] ['contract Construction' 'scope of Contractual Obligations' 'subcontracting Commitment' 'security Services' 'indigenous Procurement']

Case Brief

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Procedural Posture

Appeal in Contract Proceedings / Appeal From Supreme Court of New South Wales, Equity Division, Commercial List

Legal Issues

  1. 1 ['Whether Wilson Security Pty Ltd agreed to provide Fields Group Pty Ltd with subcontract work totalling a specified number of hours which could be performed in regional New South Wales, regional South Australia or regional Queensland by security guards who did not hold NV1 or NV2 security clearances.' 'Whether the words and conduct relied on by Fields established a contractual commitment in the terms alleged.' 'Whether any obligation assumed by Wilson was qualified by the words "where possible" and whether breach was established.']

Ratio Decidendi

Fields did not establish that Wilson agreed to provide subcontract work that could be performed by security guards who did not hold NV1 or NV2 security clearances, whether generally or in the regional areas identified. The tender language referred only to work that could be filled by Indigenous security guards where possible and contemplated progression to higher clearances. In any event, any obligation was qualified by "where possible", and Fields did not establish that it was possible for Wilson to provide the stipulated subcontract work but that Wilson failed to do so.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']