QLDQCA
Mazelow Pty Ltd v Herberton Shire Council [2002] QCA 119
[2002] QCA 119
Court of Appeal (Qld)|2002-08-31|Before: McPherson and Williams JJA and Muir JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-08-31
Before
McPherson and Williams JJA and Muir JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made.
Catchwords
- CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS –
- IMPLIED TERMS – OTHER CASES – whether rights under
- general law can
- be considered excluded - where there is no explicit intention expressed to
Source
Original judgment source is linked above.
Catchwords
CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS –IMPLIED TERMS – OTHER CASES – whether rights undergeneral law canbe considered excluded - where there is no explicit intention expressed toexclude common law rightsCONTRACTS – GENERAL CONTRACTUALPRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH –REPUDIATION –OTHER PARTICULAR CASES – whether the contract isbrought to an end after repudiation by one party is accepted by the other-where there is no explicit intention expressed to exclude common lawrights.CONTRACTS – BUILDING AND ENGINEERING AND RELATED CONTRACTS– PERFORMANCE OF WORK – REMEDIES FOR BREACH OF CONTRACT–POWER TO SUSPEND OR DETERMINE – whether the right to suspend work is aright or remedy available – where thereis no express contractualprovision.Amann Aviation Pty Ltd v Commonwealth [1988] FCA 449(1991) 100 ALR267, appliedAmann Aviation Pty Ltd v Commonwealth [1990] FCA 55