A contractual remedies regime (including termination, compensation and equitable remedies) does not impliedly exclude common law damages for breach unless the contract expressly so provides, applying the presumption endorsed in Concut v Worrell. The question whether ambiguity is required before surrounding circumstances are admissible on contractual construction remains open in Western Australia.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.