Catchwords:

APPEALS – leave to argue point not raised below – need for statement of findings challenged – Uniform Civil Procedure Rules 2005 (NSW), r 51.36

CONTRACTS – express terms – incorporation of terms – written contract – customer required to tick box on sales agreement agreeing to agree to supplier’s standard terms – link to standard terms not working at time of execution – whether link was to document produced in evidence by supplier

CONTRACTS – construction – commercial context – prior dealings between parties – whether specific terms consistent with minimum annual quantity clause in standard terms – operation of exclusivity clause