Codelfa Construction Pty Ltd V State Rail Authority (NSW)

149 CLR 337
41 ALR 367

(Judgment by: STEPHEN J)

Between: Codelfa Construction Pty Ltd
And: State Rail Authority (NSW)

Court:
High Court of Australia

Judges:
Stephen J
Mason J
Aickin J
Wilson J
Brennan J

Subject References:
Contract

Judgment date: 11 May 1982

Canberra


Judgment by:
STEPHEN J

I have had the considerable advantage of reading the judgments of a number of the members of the Court. In consequence I am able to confine myself to the expression of my agreement with what has been written by others.

Five distinct matters were canvassed in this appeal. As to the first, concerned with the implication of a term in the contract between the parties, I agree with all that my brother Mason has said.

The second matter concerns the doctrine of frustration. As to it, I agree with what has been said concerning it by each of my brothers Mason and Aickin. On the question of the rise and fall clause I agree with Aickin J. and, on the matters of the power to award interest and the power to award compound interest, I agree with Mason J.