Sanmik Food Pvt Ltd v Alfa Laval Australia Pty Ltd; Alfa Laval Australia Pty Ltd v Sanmik Food Pvt Ltd

In this case, Sanmik Food Pvt Ltd sued Alfa Laval Australia Pty Ltd, and vice versa, following earlier proceedings that involved a dispute about a contract for the sale of coconut milk production plants. The dispute was settled by the parties entering into a deed which provided for the sale of the plants under certain terms and conditions. The central issue before the court was whether two major components of the first plant, which had already been delivered by the vendor to the purchaser, were agreed to be part of the supply under the further agreement. The court was required to determine the proper construction of the settlement deed to resolve this question.
The court considered the terms of the settlement deed and held that the delivered components were not part of the supply under the further agreement. The court's reasoning was based on the fact that the deed did not explicitly state that the delivered components were part of the supply, and the court found that there was no other language in the deed that could be interpreted as including the delivered components. The court also considered the context in which the deed was entered into, and found that the parties intended to settle the earlier proceedings by entering into a new agreement for the sale of the plants, without including the delivered components. The court held that the delivered components were not part of the supply under the further agreement, and therefore the purchaser was not entitled to any compensation or refund for the delivered components.

The final orders of the court were that the purchaser was not entitled to any compensation or refund for the delivered components, and that the vendor was not liable for any damages or losses suffered by the purchaser as a result of the delivered components. The court also dismissed the purchaser's claim for specific performance of the further agreement, as the court found that the purchaser had not established that the vendor was unable or unwilling to perform the agreement without specific performance.