Rehau Pte Ltd v AAP Industries Pty Ltd [2018] NSWCA 96 Court of Appeal of New South Wales Macfarlan JA; Sackville & Emmett AJJA Contract - costs - primary judge gave judgment in respondent’s favour in proceedings - primary judge found appellant had repudiated Supply agreement between parties and awarded damages to respondent - finding of repudiation depended on primary judge’s acceptance that, on proper construction of Supply Agreement, appellant was obliged to order certain articles from respondent exclusively - appellant challenged primary judge’s construction of contract, and costs order in respondent’s favour - respondent cross-appealed against primary judge’s rejection of its claim for breaches by appellant of subsequent agreements - construction of Supply Agreement and documents accompanying it - implied terms - held: appeal and cross-appeal dismissed. View Decision

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