Hardy Wine Company Ltd v Janevruss Pty Ltd

Hardy Wine Company Ltd sought a declaration that the defendants, Janevruss Pty Ltd, were obliged to purchase grapes under the terms of a contract for a fixed price. The dispute arose when Janevruss Pty Ltd refused to purchase grapes for the 2017 season, claiming that the price was too high. The court was required to determine the legal obligations of the parties under the contract, particularly regarding the price determination clause and whether the advice of the price was binding on the sellers.

The court examined the contract to determine the intention of the parties regarding the price determination clause. The contract stipulated that Hardy Wine Company Ltd would be obliged to pay "the price likely to be realised for the majority of fruit being purchased from a particular area," and to advise "the price" prior to delivery. The court held that if the price was not disputed by the sellers within a specified period, it would become binding. However, the court found that the inconvenience of the provisions agreed upon by the parties could be remedied by construction.

The court held that the advice of the price was not binding if not disputed by the sellers. The court found that the inconvenience of the provisions could be remedied by construction, and that the parties had intended to have a fixed price for the grapes. The court held that the defendants were obliged to purchase the grapes for the 2017 season at the price determined by Hardy Wine Company Ltd. The court made a declaration that the defendants were obliged to purchase the grapes for the 2017 season at the price determined by Hardy Wine Company Ltd.