White v Australian and New Zealand Theatres Limited [1943] HCA 6

Boll . Curroy 4 Trader Cone Cons Boranga Cons Bae Pitan fered iiees eat MAT owes, Oceanic Meat Lid (1993) Bi Av REA ) KP&OS Tallglen Pty TCN Channel Taree, SOD URE 88 PE acon Ha OS EKER ISWLR 310 4s ORV ARsIien sill Es266 HIGH COURT [1943. [HIGH COURT OF AUSTRALIA.] WHITE AND ANOTHER . i Z : APPELLANTS ; PLAINTIFFS AND DEFENDANTS, AND AUSTRALIAN AND NEW

H.C. or A: Contract—Construction—Theatrical artists—

1943, Ww

Sypney, April 8,9, 29.

Latham C.J., Rich, Ste ke

an Williams JJ.

Tn an action brought by # plainti Clement

ZEALAND \ ResPonvENT.

THEATRES LIMITED DEFENDANT AND PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

"Sole professional services" —Hutrinsic

evidence—Condition to do "as required and directed by the" theatre proprietor— Arlists' right to act as producers—Denial by proprietor—Breach—Repudiation—

Damages. 'A written contract between two theatrical artists and a company which

ontrolled theatres in Australia provided that the company engaged » of the artists "as required and directed " The

owned and c the "sole professional services for a stated period on certain terms and conditions as to remuneration.

contract did not specify the nature of the said professional services.

Held that extrinsic evidence was admissible to identify such services.

Held, further, that upon the evidence so admitted the artists were employed under the contract in their capacities of theatrical artists and producers in relation to a certain revue and that, though the company was willing to continue to pay salaries in accordance with the contract, their exclusion by the company from all the work of producing the revue was breach which went to the root of the contract and entitled the artists to refuse to continue to

perform any other part of the contract and also to recover damages.

Decisions of the Supreme Court of New South Wales (Full Court) reversed.