Rehau Pte Ltd v AAP Industries Pty Ltd [2018] NSWCA 96

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.
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