Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd

118 CLR 429

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Upper Hunter County District Council
v Australian Chilling and Freezing Co Ltd

Court:

Judges: Barwick CJ
McTiernan J
Kitto J
Menzies J
Windeyer J

Subject References:
Contract
Construction
Uncertainty
Whether capable of meaning

Hearing date: 7 November 1967; 1968 November 1967; 8 March 1967
Judgment date: 8 March 1968

Sydney

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ORDER

Appeal allowed with costs. Order of the Supreme Court of New South Wales (Court of Appeal Division) set aside and in lieu thereof order that the questions set out in the special case be answered as follows:

(1) Is cl. 5 void for uncertainty?

No.

(2) If the answer to (1) is No upon the facts as found was I entitled to hold that the Supplier's costs had varied in the respects contemplated by and within the meaning of the said clause?

Yes.

(3) If the answer to (1) is No am I entitled to make the findings of fact which I originally made prior to the said answers of the said Court of Appeal namely that the Council was entitled under cl. 5 of the agreement to increase the energy charge to the Complainant to 2.3125d. per kilowatt hour as from the 1st day of September 1963?

Yes.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.