KD Morris and Sons Pty Ltd v GJ Coles and Coy Ltd

KD Morris and Sons Pty Ltd (the plaintiff) brought an action against GJ Coles and Coy Ltd (the defendant) in the High Court of Australia. The dispute concerned the plaintiff's claim for damages arising from the defendant's alleged breach of a building contract. The plaintiff had been engaged by the defendant to carry out construction work, and it alleged that the defendant had failed to provide a clear site for the commencement of the work, thereby causing delays and increased costs.

The central legal issue before the High Court was whether the defendant had breached its contractual obligations by failing to provide a site clear of obstructions and ready for the plaintiff to commence building operations within the agreed timeframe. This involved an interpretation of the building contract to determine the extent of the defendant's duty to provide possession of the site and the consequences of any failure to do so. The court also had to consider whether the plaintiff had accepted the site in its then-existing condition, thereby waiving any right to claim damages for delay.

The High Court, comprising Barwick C.J., Gibbs and Stephen JJ., reasoned that the contract implicitly imposed a duty on the defendant to provide a site that was reasonably clear and available for the plaintiff to commence work. The court found that the defendant had failed to meet this obligation, as the site was not in a condition that permitted the plaintiff to proceed with the construction as contemplated by the contract. The judges applied principles of contract law relating to implied terms and the duty of a party to a contract to facilitate the performance of the other party's obligations. The court held that the defendant's failure to provide a clear site constituted a breach of contract, and that the plaintiff was entitled to recover damages for the losses incurred as a result of the delay.