Park v Murray Irrigation Limited

[2018] NSWCA 166

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Interrelated contractual instruments
4. › Constitution, standard form contract and policies of irrigation corporation
5. › Whether unilateral amendment to policies inconsistent with express term of contract
6. › Whether contractual hierarchy exists between instruments
7. › Whether power to amend policies constrained by express terms of contract
1. Contract
2. › Damages
3. › Assessment of loss
4. › Breach of contract by requiring payment of termination fees
5. › Whether appellant suffered compensable loss where sale price included component for termination fees
6. › Robinson v Harman principle
1. Trade Practices
2. › Unconscionable conduct
3. › Section 51AC Trade Practices Act 1974 (Cth)
4. › Irrigation corporation amending policies to require termination fees
5. › Whether conduct against conscience in all the circumstances
6. › Relevance of motivation to protect financial position
7. › Trade Practices Act 1974 (Cth), s 51AC

Quick Take

Where an irrigation corporation's constitution and standard form contract expressly contemplate that transfers of entitlements are to be regulated by policies amendable by the board, an express term conferring a choice on the holder does not create an immutable entitlement that cannot be altered by policy amendment.