Yara Nipro P/L v Interfert Australia P/L

[2010] QCA 128

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Construction and interpretation of contracts
3. › Force majeure clauses
4. › Causation requirement
5. › Whether non-supply by seller's chosen supplier satisfies 'caused by' requirement
6. › Whether seller must prove unavailability of alternative sources of supply
1. Contract
2. › Sale of goods
3. › Damages for non-delivery
4. › Measure of damages
5. › Date of assessment
6. › Where delivery postponed at seller's request and buyer forbears
7. › Whether damages assessed at date of original breach or date contract lost
8. › Sale of Goods Act 1895 (SA), s 50(2)
1. Appeal
2. › General principles
3. › Appellate review of inferences from uncontroversial facts
4. › Whether appellate court in as good a position as trial judge to draw inferences
1. Practice and Procedure
2. › Costs
3. › Leave to appeal against costs order
4. › Whether discretion to refuse leave miscarried
5. › Supreme Court Act 1995 (Qld), s 253

Quick Take

A force majeure clause excusing non-performance caused by 'non-supply to [the seller] of Product' requires the seller to prove that it could not obtain the product from any source, not merely that its chosen supplier defaulted. Where a buyer forbears from insisting on timely delivery at the seller's request and the contract remains on foot, damages for eventual non-delivery are assessed by reference to the market price at the date the contract is lost, not by reference to the cost of purchases made during the life of the contract to meet the buyer's ongoing needs.