NSW Caselaw
New South Wales Court of Appeal
CITATION: Waste Recycling and Processing Corporation v Global Renewables Eastern Creek Pty Ltd [2009] NSWCA 315
HEARING DATE(S): 11 September 2009
JUDGMENT DATE: 6 October 2009
JUDGMENT OF: Ipp JA at 1; Tobias JA at 2; Basten JA at 51
DECISION: Appeal dismissed with costs
CATCHWORDS: CONTRACTS – General contractual principles – Construction and interpretation of contracts – Waste Processing Deed – Under clause 6.2(a) respondent entitled to notify appellant of its intention to reject certain material upon delivery to waste processing facility – Whether clause 6.2(a) allowed respondent to notify its intention to reject entire Delivery or only so much thereof as contained Out of Specification Material (as defined) – Whether respondent required to pre-sort Delivery – Considerations of business commonsense – Requirement to construe clause in light of surrounding circumstances and purpose of entire transaction – Not useful to assess competing constructions by reference to extreme and commercially unrealistic examples which produce absurd results
LEGISLATION CITED: Waste Recycling and Processing Corporation Act 2001
CATEGORY: Principal judgment
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1981) 149 CLR 337 CASES CITED: GMA Garnet Pty Ltd v Barton International Inc [2009] FCA 439 Waste Recycling and Processing Corporation v Global Renewables Eastern Creek Pty Ltd [2009] NSWSC 453
PARTIES: Waste Recycling and Processing Corporation Global Renewables Eastern Creek Pty Limited
FILE NUMBER(S): CA 40188/09
COUNSEL: A: D F Jackson QC / J A C Potts R: F Gleeson SC / R M Foreman
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