Fields Group Pty Ltd v Wilson Security Pty Ltd

[2019] NSWCA 286

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Scope and nature of commitment
4. › Agreement to supply security services
5. › Whether defendant promised to provide plaintiff with opportunity to do certain other work
6. › Whether obligation to provide work performable by guards without security clearances
1. Contract
2. › Construction
3. › Qualification of obligations
4. › Meaning of 'where possible'
5. › Whether breach established where obligation qualified by 'where possible'

Quick Take

Where a contractual obligation to provide work is qualified by the words 'where possible', the party alleging breach must establish that it was possible for the other party to provide the relevant work but that it chose not to do so.

Case Details

Citation[2019] NSWCA 286

CourtNSWCA

JurisdictionNew South Wales

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Relies on1

2019Fields Group Pty Ltd v Wilson Security Pty LtdNSWSC 475

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