Move 4 Life Pty Limited v Illawarra Retirement Trust

The plaintiff, Move 4 Life Pty Limited, brought an action against the defendant, Illawarra Retirement Trust, in the Federal Circuit Court of Australia over a dispute relating to the termination of a contract for an annual licence and services. The plaintiff sought payment of an annual fee which had become due and payable after the contract was terminated by the defendant. The defendant argued that it was not liable for the fee as the services had not been provided and the plaintiff had not suffered any loss.

The court was required to determine the meaning of the terms "due" and "payable" in the context of the contract and whether the plaintiff was entitled to the annual fee under those terms. The court also had to consider the consequences of the defendant's termination of the contract and whether any accrued rights existed that entitled the plaintiff to the fee. The court had to examine the circumstances in which the contract was terminated, whether the plaintiff had provided any services, and whether the plaintiff had incurred any loss as a result of the termination.

The court held that the terms "due" and "payable" had their natural and ordinary meaning in the context of the contract. The court found that the plaintiff was not entitled to the annual fee as the services had not been provided and the plaintiff had not suffered any loss. The court also held that the defendant was not liable for the fee as the termination occurred before the provision of services. The court concluded that the defendant was not required to pay the fee as it had been terminated before the payment became due and payable. The court ordered judgment in favour of the defendant and that the plaintiff pay the defendant’s costs. The court also gave liberty to either party to apply to vary the costs order within 14 days.