Andar Transport Pty Ltd v Brambles Ltd

Andar Transport Pty Ltd (Andar) sought to recover damages from Brambles Ltd (Brambles) for alleged breaches of contract and negligence. The dispute concerned the supply of transport services by Andar to Brambles. The case proceeded to the High Court of Australia.

The High Court was required to determine whether Brambles had breached its contractual obligations to Andar by failing to provide sufficient work, and whether Brambles had acted in breach of an implied term of good faith and fair dealing in its dealings with Andar. Further, the Court considered whether Brambles had been negligent in its conduct towards Andar.

McHugh and Hayne JJ held that the contract did not contain an express or implied term requiring Brambles to provide a minimum amount of work to Andar. They found that the terms of the contract, when read as a whole, did not impose such an obligation. Regarding the implied term of good faith, their Honours concluded that while such a term may be implied in certain circumstances, it was not applicable to the facts of this case, as the contract did not confer a discretion on Brambles that could be exercised in bad faith. The claim in negligence was also dismissed.

The appeal was dismissed.