Colyer Fehr Tallow Pty Ltd (ACN 001 849 869) v KNZ Australia Pty Ltd (ACN 003 169 293)

[2011] NSWSC 457

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACT — construction — identifying contractual terms — informal agreements — implied terms — use of surrounding circumstances — use of conduct of parties — use of post-contractual conduct — can use course of dealing as relevant to ascertaining terms in informal contracts. CONTRACT — construction — informal agreements — implied term — reasonable notice — whether 2 weeks' notice reasonable — held sufficient. CONTRACT — termination — informal contract — breach of term that would not export — whether condition of contract — only intermediate term — breach insufficient to give rise to the right to terminate. EQUITY — fiduciary duties — agency — scope of fiduciary duty — whether conflict of interest involved breach of duties in this case — held not. DAMAGES — award of nominal damages for breach of contract — not appropriate in this case. TORT — intentional — conversion — no immediate right to possession — no contractual right to goods