Energy World Corporation Ltd v Maurice Hayes and Associates Pty Ltd

Energy World Corporation Ltd appealed a decision in which it was ordered to pay a termination fee to Maurice Hayes and Associates Pty Ltd. The appeal was heard in the Supreme Court of New South Wales. The appellant contested the primary Judge's finding that a six-month fee was payable upon termination of the agreement, arguing that this finding led to an element of potential double dipping. The appellant also argued that the primary Judge's decision was influenced by the overall length of service and the age of Hayes, which were rejected by the primary Judge. The appellant sought to have the appeal allowed as to the construction of cl 8.6, but otherwise dismissed. The cross-appeal was also dismissed.

The court considered the legal issues raised by the appellant and found that the reasons for the primary Judge's positive finding were not affected by the consideration of the six-month fee and remained persuasive. The court found that the appellant had some measure of success, as it succeeded in overturning part of the judgment and on the cross-appeal. However, the court also found that the primary Judge's reasons for the positive finding were not influenced by any consideration of double dipping and remained valid. The court ordered the appellant to bring in short minutes of order to give effect to these reasons. If agreed, the orders can be made in chambers. If not agreed, the matter will be relisted. The orders also provided for payment of one-half of the appellant's costs of the appeal and cross-appeal by the respondent.