Sasson & Partners Pty Ltd v Fahevu

Sasson & Partners Pty Ltd (the appellant) and Fahevu (the respondent) were parties to a joint business venture. The dispute arose from the termination of this venture and the appellant's subsequent claim for fees allegedly owed under a deed that governed the termination. The matter was heard on appeal in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the appellant had complied with the terms of the termination deed and, consequently, whether it was entitled to claim the fees it sought. The court was required to interpret the provisions of the deed to determine the rights and obligations of the parties upon termination of their joint business.

The Court of Appeal found that the appellant had not complied with a crucial condition precedent stipulated in the deed, which was a prerequisite for its entitlement to the claimed fees. The deed required the appellant to provide certain information and documentation to the respondent before any fees could be claimed. As this condition was not met, the appellant's claim failed. The court applied principles of contract interpretation, emphasizing the importance of adhering to express contractual terms, particularly conditions precedent, for the enforcement of rights.

The appeal was allowed, and the orders of the primary judge were set aside.