NUS INTERNATIONAL PTY LTD v MACQUARIE PUBLICATIONS PTY LTD [1991] NSWCA 218

NUS INTERNATIONAL PTY LTD v MACQUARIE PUBLICATIONS PTY LTD [1991] NSWCA 218

The appellant failed to perform a detailed analysis as required, and did not make a recommendation contemplated by the contract regarding electricity savings. The trial judge's findings on causality were accepted as factual and not reviewable. Regarding LPG, the appellant was entitled to payment as determined by the arbitrator, as repudiation was not unequivocally accepted by Macquarie.

Parties
Appellant: NUS International Pty Ltd; Respondent: Macquarie Publications Pty Ltd; Respondent: EECE
Jurisdiction
Australia
Judgment Date
09 October 1991
Procedural Posture
Appeal / Judgment
Outcome
appeal and cross-appeal dismissed with costs
Legal Topics
Construction of Contract, Repudiation, Recommendations Under Contract
Contract Law Construction of Contract Repudiation Recommendations Under Contract

Case Brief

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Parties

NUS International Pty Ltd

Appellant

Macquarie Publications Pty Ltd

Respondent

EECE

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant made a 'recommendation' satisfying the contract
  2. 2 Whether appellant or respondent repudiated the contract
  3. 3 Entitlement to damages for breach/repudiation

Ratio Decidendi

The appellant failed to perform a detailed analysis as required, and did not make a recommendation contemplated by the contract regarding electricity savings. The trial judge's findings on causality were accepted as factual and not reviewable. Regarding LPG, the appellant was entitled to payment as determined by the arbitrator, as repudiation was not unequivocally accepted by Macquarie.

Court Disposition

appeal and cross-appeal dismissed with costs

Orders

  • The appeal and cross-appeal are each dismissed with costs.