Steggles Limited v Yarrabee Chicken Company Pty Ltd

Steggles Limited sought judicial review of a decision by the primary judge which found that the contract between the parties had been varied. The contract was an agreement for the supply of chickens to Steggles by Yarrabee Chicken Company. The Full Court was required to determine whether the contract between the parties had been varied and whether the primary judge was correct to find that it had been. The Full Court considered that the contract between the parties was to be construed in light of the statutory, industry and commercial background. The Court found that the contract was not varied because there was no evidence of a written agreement signed by both parties. The Full Court found that the contract was not varied and set aside the decision of the primary judge. The Full Court ordered that the appeal be allowed and that the declaration and orders made by the primary judge be set aside. The Full Court also ordered that the parties were to confer and bring in agreed short minutes of order within 7 days or, in the event that the form of additional consequential orders could not be agreed, each party was to bring in short minutes of order within a further seven (7) days which set out the additional relief which that party contended should be granted in light of the reasons for judgment of the Full Court. The Full Court also ordered that the respondent was to pay the costs of the proceeding before the primary judge and of the appeal.