19 Nov 2012
H & H CONTRACTORS LIMITED V LEIGHTON CONTRACTORS PTY. LIMITED HC AK CIV-2010-404-4637
- Citation
- openlaw-800f9a8d_4b82_4949_a145_3d7d5b54cdde.pdf
- Court
- High Court
Clause 45's 15 working day requirement began to run on 28 January 2009 when defendants' email made clear plaintiff would not be recalled; the plaintiff did not serve a prescribed notice within 15 working days and accordingly the claims grounded in contract (including wrongful repudiation and any account for profits remedy tied to the contract) are time-barred and struck out. The court lacks power to disregard or extend the contractual time-bar. The Fair Trading Act claim is not caught by cl 45 and may proceed. Limited further discovery ordered for specified financial documents.