OLIVEPRINCE PTY LTD v CORUM GROUP LIMITED [2011] NSWSC 309

OLIVEPRINCE PTY LTD v CORUM GROUP LIMITED [2011] NSWSC 309

The defendant's letter of 23 October 2007 amounted to a repudiation of the consultancy agreement, not a lawful termination. The plaintiff affirmed the contract, and subsequently accepted repudiation on 2 July 2008. The plaintiff is entitled to payment for fees up to the date of acceptance, damages for breach for the balance of the contract term, and adjudication costs. Clauses 5.1 and 13.4, properly construed, did not entitle the defendant to refuse to assign any duties without incurring liability.

Jurisdiction
Australia
Judgment Date
25 March 2011
Procedural Posture
Damages Claim for Breach of Consultancy Agreement / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['construction and Interpretation of Contracts' 'termination and Repudiation' 'damages Calculation' 'adjudication Costs']
['contract Law'] ['construction and Interpretation of Contracts' 'termination and Repudiation' 'damages Calculation' 'adjudication Costs']

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Procedural Posture

Damages Claim for Breach of Consultancy Agreement / Principal Judgment

Legal Issues

  1. 1 ['Whether the consultancy agreement was terminated or repudiated' 'Whether plaintiff entitled to adjudication costs' 'Proper calculation of damages']

Ratio Decidendi

The defendant's letter of 23 October 2007 amounted to a repudiation of the consultancy agreement, not a lawful termination. The plaintiff affirmed the contract, and subsequently accepted repudiation on 2 July 2008. The plaintiff is entitled to payment for fees up to the date of acceptance, damages for breach for the balance of the contract term, and adjudication costs. Clauses 5.1 and 13.4, properly construed, did not entitle the defendant to refuse to assign any duties without incurring liability.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment is entered for the plaintiff in the sum of $766,327.44']