Inghams Enterprises Pty Limited v Hannigan

(2020) 379 ALR 196; [2020] NSWCA 82

NSW Court of Appeal

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Interrogate

Catchwords

1. Arbitration
2. › Multi-tiered dispute resolution clause
3. › Scope of arbitration clause
4. › Whether claim for unliquidated damages for breach of contract 'concerns' a 'monetary amount payable and/or owed' 'under' the agreement
5. › Whether obligation to pay damages arises 'under' the contract or by operation of law
1. Contract
2. › Construction and interpretation
3. › Dispute resolution clause
4. › Multi-tiered dispute resolution clause
5. › Principles applicable to construction of dispute resolution clauses
6. › Meaning of 'monetary amount payable and/or owed' 'under this Agreement'
7. › Meaning of 'concerns'
1. Contract
2. › Waiver
3. › Dispute resolution clause
4. › Whether commencement of earlier court proceedings for declaratory relief constituted waiver of right to arbitrate damages claim

Quick Take

Practitioners drafting dispute resolution clauses should note that a clause requiring arbitration of disputes concerning monetary amounts 'payable and/or owed under' a contract will not capture claims for unliquidated damages for breach of contract, as the obligation to pay such damages arises by operation of law rather than under the contract.