Welcome to this issue of Contract Law - June 2012
Mallesons' Contract Law Update summarises recent decisions in contract law. We select cases that are likely to be relevant to a broad range of commercial lawyers and succinctly identify the key legal lessons to be learnt from each decision.
In this issue we cover:
Southern Equity Pty Limited v Timevale Pty Limited [2012] NSWSC 15
In this case, the New South Wales Supreme Court considered, on the interpretation of a licence agreement, whether a plaintiff is obliged to pay royalties in respect of a number of disputed categories of income and whether the defendant complied with its obligations under the contract.
C Convenience Stores Pty Ltd v Wayville Plaza Retirement Pty Ltd & Ors [2012] SASC 14
This case concerned whether a restraint on the purchaser in a contract for the sale of land was unlawful and, if so, whether the restraint could be severed so that the remainder of the contract could still be enforced against the purchaser.
Spiers Earthworks Pty Ltd v Landtec Projects Corporation Pty Ltd (No 2) [2012] WASCA 53
This case looks at the enforceability of a liquidated damages clause, and the factors that must be taken into account when determining whether the liquidated damages are in fact a genuine pre-estimate of the loss that the innocent party is likely to suffer.
TX Australia Pty Ltd v Broadcast Australia Pty Ltd [2012] NSWSC 4
In this case, Brereton J held that an expert’s determination as to the amount payable to TX Australia (TXA) by Broadcast Australia (BA) for the renewal of agreements governing access to television broadcasting towers was binding.