Hansen Beverage Company v Bickfords (Australia) Pty Ltd (No 2)

The plaintiff, Hansen Beverage Company, brought an action against Bickfords (Australia) Pty Ltd, seeking damages for breach of contract and related claims. The case was heard in the Federal Court of Australia. The dispute centred on an agreement between the parties, under which Bickfords was to distribute Hansen's products. Hansen alleged that Bickfords had breached the terms of the agreement by failing to adequately promote and distribute the products, leading to significant financial losses.

The court was required to determine several key issues, including whether there had been a breach of contract, the extent of any such breach, and the appropriate measure of damages. Additionally, the court needed to consider whether any exclusion clauses in the contract could limit Bickfords' liability.

The court found that Bickfords had indeed breached the contract by failing to adequately promote and distribute Hansen's products, leading to financial losses. However, the court also found that certain exclusion clauses in the contract limited the extent of Bickfords' liability. As a result, the court determined that the damages recoverable by Hansen were significantly reduced. The court concluded that while a breach had occurred, the exclusion clauses effectively mitigated the financial impact, leading to a partial recovery for Hansen.

The court made no order as to costs, reflecting the complexity of the case and the findings made.