High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND GAGELER JJ
Matter No P47/2013
ELECTRICITY GENERATION CORPORATION T/AS VERVE ENERGY APPELLANT AND WOODSIDE ENERGY LTD & ORS RESPONDENTS
Matter No P48/2013
WOODSIDE ENERGY LTD & ORS APPELLANTS AND ELECTRICITY GENERATION CORPORATION T/AS VERVE ENERGY RESPONDENT
Electricity Generation Corporation v Woodside Energy Ltd Woodside Energy Ltd v Electricity Generation Corporation [2014] HCA 7 5 March 2014 P47/2013 & P48/2013
ORDER Matter No P47/2013 Appeal dismissed with costs.
Matter No P48/2013
1. Appeal allowed with costs.
2.
2. Set aside paragraphs 1 to 4 of the orders of the Court of Appeal of the Supreme Court of Western Australia made on 20 February 2013 and, in their place, order that the appeal to that Court be dismissed with costs.
On appeal from the Supreme Court of Western Australia
Representation
N C Hutley SC with J C Giles and D A Hughes for the appellant in P47/2013 and the respondent in P48/2013 (instructed by Jackson McDonald)
D F Jackson QC with B Dharmananda SC, J K Taylor and E M Heenan for the appellants in P48/2013 and the respondents in P47/2013 (instructed by Lavan Legal)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Electricity Generation Corporation v Woodside Energy Ltd Woodside Energy Ltd v Electricity Generation Corporation
Contract − Construction – Long term gas supply agreement – Sellers obliged to use "reasonable endeavours" to supply supplemental gas – Agreement allowed sellers to take into account all "relevant commercial, economic and operational matters" in determining whether able to supply supplemental gas – Gas explosion at plant operated by third party temporarily reduced supply of gas to market – Sellers refused to supply supplemental gas at price stipulated in agreement during period of reduced supply – Sellers offered to supply equivalent quantities of gas at higher price under separate short term agreements – Whether sellers breached obligation to use "reasonable endeavours" to supply supplemental gas.
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