Recent Cases

Flynn v PPK Mining Equipment Pty Ltd [2023] NSWCA 201 (30 August 2023) (Leeming and Mitchelmore JJA, Stern JA)


Catchwords:


CONTRACTS – construction – share purchase agreement to be understood objectively having regard to commercial purpose and object

CONTRACTS – construction – meaning of business revenue for purpose of determining whether second performance conditions satisfied – business revenue includes revenue from internal supply – internal supply calculated by transfer price as agreed by the parties

CONTRACTS – breach of share purchase agreement – where respondents prepared NPAT statements on the basis of incorrect contractual premise