Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club

Jabbcorp (NSW) Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a dispute arising under a design and construct contract between Jabbcorp as contractor and Strathfield Golf Club as the principal. The core of the dispute involved Jabbcorp's claim for additional payment for works it contended were required by a development consent, arguing these were "Excluded Works" under the contract.

The Court of Appeal was required to determine whether certain works, specifically those reflected in variations 14A and 59, constituted "Excluded Works" as defined in the contract. This involved interpreting the contractual provisions, particularly a clause that commenced with the phrase "Notwithstanding any other clause," and considering its grammatical meaning in conjunction with the contract as a whole and its other provisions. The court also considered whether any claims relating to back-charges, which were dependent on the determination of the "Excluded Works" issue, should be upheld.

The Court of Appeal, in dismissing the appeal, reasoned that the primary judge had correctly concluded that the works in question were not "Excluded Works." The court emphasised the importance of reading the contract as a whole and harmoniously, applying the grammatical meaning of the relevant clause within that broader context. The court found that the specific wording of the definition of "Excluded Works" did not encompass the works claimed by Jabbcorp.

Accordingly, the appeal was dismissed with costs, affirming the primary judge's decision to dismiss Jabbcorp's claim.