Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 3) [2024] FCA 233

FEDERAL COURT OF AUSTRALIA

Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 3) [2024] FCA 233 File number: SAD 147 of 2022

Judgment of: KENNETT J

Date of judgment: 14 March 2024

Catchwords: CONTRACTS – Application for damages for breach or repudiation of contract – where applicants contractors providing services to respondent under Services Agreement – where clause 9.1(a) of Services Agreement granted respondent power to terminate if either applicant disobeyed a lawful direction – where respondent issued direction to all employees and contractors to provide evidence of COVID-19 vaccination status or valid medical exemption – where second applicant did not comply with direction and respondent terminated Services Agreement – whether Services Agreement terminated by respondent according to its terms – onus of proving whether termination justified or constituting breach or renunciation – whether applicants disobeyed lawful direction given by respondent – whether directions given lawful – whether directions given reasonable – whether applicants committed serious misconduct – whether applicants breached material provision of Services Agreement – whether respondent's decision to terminate reasonable – application dismissed DAMAGES – Where damages sought on basis that but for the termination there was "very high probability of continued renewals" of Services Agreement – likelihood of renewal – where clause of Services Agreement limiting damages – principle of least burdensome performance CONTRACTS – Application for order under s 16 of the Independent Contractors Act 2006 (Cth) varying Services Agreement to create liability on part of respondent to compensate applicants for loss or damage occasioned by invalid termination of Services Agreement on basis that second applicant failed to comply with direction to be vaccinated against COVID-19 – whether such direction given – where other grounds for termination