Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No 2)

[2021] NSWCA 93

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Estoppel
3. › Promissory estoppel
4. › Departure from assumed state of affairs
5. › Whether notice of departure sufficiently clear
6. › Whether estoppel continued to operate after purported withdrawal
7. › Whether unconscionable for principal to resist payment
1. Building and Construction
2. › Contract
3. › Variations
4. › Contractual waiver and release of variation claims
5. › Whether contractor released claims by failure to follow variation procedure
6. › Whether estoppel precluded reliance on waiver clause
1. Building and Construction
2. › Contract
3. › Defects
4. › Contractual warranty
5. › Whether contractor responsible for defects in materials supplied by third party
6. › Whether warranty confined to 'works required to be performed by the contractor'
1. Contract
2. › Construction
3. › Meaning of 'Works'
4. › Whether direction to supply joinery brought items within scope of contractual warranty

Quick Take

A general assertion about contractual rights (e.g., 'there are no variations') may be insufficient to displace a specific assumption about payment for particular works, especially where the communication does not address the specific subject matter of the assumption.