UPPER HUNTER TIMBERS PTY LTD v FORESTRY COMMISSION OF NSW [1999] NSWSC 1252

UPPER HUNTER TIMBERS PTY LTD v FORESTRY COMMISSION OF NSW [1999] NSWSC 1252

The Forestry Commission was not in breach of the 14 November 1988 agreement during the relevant period because the agreement was invalid and unenforceable without Ministerial approval as required by s 11(1)(m)(ii) of the Forestry Act 1916; no cause of action for breach arose in the absence of such approval.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Equity / Post Remitter Determination Following Appeal
Outcome
Judgment for the defendant
Legal Topics
['statutory Powers of Public Authorities' 'ministerial Approval for Contracts' 'breach of Contract' 'statutory Frustration' 'limitation of Actions']
['contract Law' 'administrative Law'] ['statutory Powers of Public Authorities' 'ministerial Approval for Contracts' 'breach of Contract' 'statutory Frustration' 'limitation of Actions']

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Procedural Posture

Equity / Post Remitter Determination Following Appeal

Legal Issues

  1. 1 ['Whether the Forestry Commission was in breach of the agreement with Upper Hunter Timbers Pty Ltd from 14 August 1991 to 31 December 1996' 'Whether the agreement required Ministerial approval under s 11(1)(m)(ii) of the Forestry Act 1916 and, if not obtained, its legal effect' 'Whether subsequent failures by the Forestry Commission constituted actionable breaches' 'Effect of statutory provisions and frustration on contractual performance']

Ratio Decidendi

The Forestry Commission was not in breach of the 14 November 1988 agreement during the relevant period because the agreement was invalid and unenforceable without Ministerial approval as required by s 11(1)(m)(ii) of the Forestry Act 1916; no cause of action for breach arose in the absence of such approval.

Court Disposition

Judgment for the defendant

Orders

  • ['Determine that the defendant was not to any extent in breach of the agreement made on 14 November 1988 during the period on and from 14 August 1991 to 31 December 1996.' 'Judgment for the defendant with costs, such costs to include the costs of the hearing before Bryson J on 15 May and 1 June 1998.']