QLDQCA
Pauls Trading P/L & Anor v Norco Co-operative Ltd [2006] QCA 117
[2006] QCA 117
Court of Appeal (Qld)|2006-04-20|Before: McMurdo P, Williams and Jerrard JJASeparate reasons for judgment of, each member of the Court, each concurring as to the order made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2006-04-20
Before
McMurdo P, Williams and Jerrard JJASeparate reasons for judgment of, each member of the Court, each concurring as to the order made
Catchwords
- CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS –
- OTHER MATTERS – where the first and second appellants
- entered into a joint
- venture agreement with the respondent – where events occurred that altered
Source
Original judgment source is linked above.
Catchwords
CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS –OTHER MATTERS – where the first and second appellantsentered into a jointventure agreement with the respondent – where events occurred that alteredthe effective control of eachof the appellant companies and in consequence theyboth became defaulting participants under clause 9.1(a)(15) of the joint ventureagreement – where the agreement provides that a ‘defaultingparticipant upon becoming a defaulting participant grantsto the otherparticipants an option to purchase its interest’ – whether theoption to purchase an interest comes intoeffect each and every time there is analteration in the effective control of a participant, with reference to thecommencement date– whether a change of ownership in the holding company(October 2005) constituted an alteration in the effective control ofeach of theappellants’ companies and subsequently enlivened the option provisions of