Deepsliver Pty Ltd v Aquatherm Australia Pty Ltd

The case involved a dispute between Deepsliver Pty Ltd and Aquatherm Australia Pty Ltd. Deepsliver alleged that Aquatherm breached a contract for the distribution of Deepsliver's products. The Federal Court of Australia was required to determine the nature of the contractual relationship between the parties and whether Aquatherm had breached the contract by failing to promote the sale of Deepsliver's products with best efforts.

The central issue was to determine the nature of the relationship between the parties, specifically whether the agreement constituted a distributorship or an agency. Additionally, the court needed to decide whether Aquatherm breached the contract by failing to make best efforts to promote the sale of Deepsliver's products. The court also had to consider whether Aquatherm's actions amounted to repudiation of the contract and the appropriate notice period for termination.

The court examined the terms of the agreement and found that it constituted a distributorship rather than an agency. The court held that Aquatherm was required to make best efforts to promote the sale of Deepsliver's products, and Aquatherm's failure to do so constituted a breach of contract. The court found that Aquatherm's actions amounted to repudiation of the contract and determined that a reasonable notice period for termination would be four weeks. The court ordered Aquatherm to pay damages to Deepsliver for the breach of contract.