Contracts often contain detailed provisions prescribing how parties must perform their obligations or exercise their rights under it. Frequently, such provisions are not strictly complied with. The ...

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd 1 , the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that righ ...

In this case , the New South Wales Court of Appeal considered whether a cleaning services provider, Advanced National Services Pty Ltd, which had breached the terms of its contract with Daintree ...

The NSW Court of Appeal has considered how long a party's right to terminate a contract lasts following a breach by the other party. In doing so, the court considered the doctrine of election and t ...

In this case , the NSW Court of Appeal considered the date of the assessment of damages and whether the loss the respondents suffered was too remote. The court held that it would be unjust to asses ...

In this case , the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to ...

In this case , the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation: was not entitled to recover a quantum meruit (being a clai ...

In this case , the New South Wales Court of Appeal considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers ...

In this case , the New South Wales Court of Appeal considered when a contract is validly terminated if the termination clause provides for termination if a remediable breach is not remedied within ...

In this case , the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was ...