Quality Bakers Australia Pty Limited v ISS Facility Management Pty Ltd [2021] NSWCA 74

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quality Bakers Australia Pty Limited v ISS Facility Management Pty Ltd [2021] NSWCA 74 Hearing dates: 21 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Before: Bell P at [1]; Meagher JA at [92]; Leeming JA at [93] Decision: Appeal dismissed with costs Catchwords: CONTRACT – contract providing for ongoing negotiation between parties following an initial period of due diligence – contract providing for further due diligence to be undertaken – construction of clauses providing for reimbursement of a capped amount of due diligence costs – whether potential service provider entitled to be reimbursed for its due diligence costs – no issue of principle. Category: Principal judgment Parties: Quality Bakers Australia Pty Limited (First Appellant) Goodman Fielder Consumer Foods Pty Limited (Second Appellant) Goodman Fielder New Zealand Limited (Third Appellant) ISS Facility Management Pty Ltd (First Respondent) ISS Facility Services Limited (Second Respondent) Representation: Counsel:

J C Giles SC with J J Hutton (Appellants) B W Walker SC with A R Vincent (Respondents)

Solicitors:

Corrs Chambers Westgarth (Appellants) HWL Ebsworth (Respondents) File Number(s): 2020/264990 Publication restriction: N/A Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2020] NSWDC 447 Date of Decision: 14 August 2020 Before: Abadee DCJ File Number(s): 2019/269070