Sentiel Pty Ltd v THC Global Group Limited

Sentiel Pty Ltd (the plaintiff) filed a claim against THC Global Group Limited (the defendant) for breach of contract and associated damages. The dispute centred on the construction of a contractual agreement between the parties, specifically focusing on the interpretation of certain exclusion clauses and the consequences of the defendant's alleged breach. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court involved the interpretation of the contract terms, particularly the exclusion clauses, and determining whether the defendant had breached the contract. The court had to assess the application of the contra proferentem rule in interpreting the ambiguous exclusion clauses. The plaintiff argued that the exclusion clauses did not absolve the defendant from liability for the claimed breach, while the defendant contended that the clauses limited or excluded their liability.

The court held that the exclusion clauses were ambiguous and, applying the contra proferentem rule, interpreted the clauses against the party that drafted them, the defendant. Consequently, the exclusion clauses did not absolve the defendant from liability for the breach. The court found that the defendant had indeed breached the contract and awarded damages to the plaintiff in the sum of $13,200. The court also ordered interest on the damages from the date of judgment until satisfaction, in accordance with the Civil Procedure Act 2005 (NSW).