Nikolic v Oladaily P/L [2007] NSWCA 252

CONTRACTS - Construction and Interpretation - implication of terms - inconsistency with express terms - whether contract a "fixed price" or a "do and charge" contract - where variations occurred - whether extent and nature of work known with sufficient precision at time of contracting - contract for building work

RESTITUTION - where valid contract exists - subsidiarity doctrine - no evidence that appellant paid for work done - where work done paid by company associated with appellants

LEGISLATION CITED: Trade Practices Act 1974 (Cth)

Click here to read full-screen | Click here to print the case