Admax Processing Pty Ltd v Hua Dong Pan

Admax Processing Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's claim for damages for breach of contract against Hua Dong Pan (the respondent).

The primary legal issue before the Court of Appeal was whether the respondent had breached a contract with the appellant by failing to pay for goods supplied. A related issue was whether the appellant had waived its right to payment by its conduct.

The Court of Appeal found that the evidence did not support the appellant's claim that the respondent had breached the contract. The court held that the appellant's conduct, particularly its failure to demand payment and its continued supply of goods, indicated a waiver of its right to immediate payment. The legal principle applied was that a party can waive its contractual rights through its conduct, even if not expressly stated.

The appeal was dismissed.