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Donau Pty Ltd V Asc Awd Shipbuilder Pty Ltd

Supreme Court of New South Wales, Court of Appeal

Judgment Date:
2019-07-26

Abstract:
The New South Wales Supreme Court of Appeal (NSWCA) has allowed the appeal against the decision of the NSW Supreme Court in relation to the validity of the termination made by ASC AWD Shipbuilder Pty Ltd (ASC) of the second heads of agreement entered into, with Donau Pty Ltd. The NSWCA found that the termination by ASC of the second heads of agreement was not valid and found that while ASC did not lose its right to terminate by electing to affirm the second heads of agreement, it has failed to exercise such right within a reasonable time.

Contract | Agreements | Interpretation | Transition date

Published:
4/11/2019
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