Tourism Queensland v Dectar Pty Ltd

Tourism Queensland (TQ) and Dectar Pty Ltd (Dectar) were parties to a dispute before the Supreme Court of Queensland. The core of the disagreement concerned the interpretation and enforceability of a deed of settlement entered into between the parties. Dectar sought to enforce the terms of this deed, while TQ resisted enforcement, alleging that the deed was void for uncertainty and that Dectar had failed to fulfil its obligations under the agreement.

The Supreme Court was required to determine whether the deed of settlement was sufficiently certain in its terms to be legally binding. Specifically, the court had to consider whether the obligations undertaken by each party were clear and ascertainable. Furthermore, the court needed to assess whether Dectar had committed a material breach of the deed, which TQ contended would vitiate its right to enforce the agreement.

In its reasoning, the Court applied established principles of contract law regarding certainty and the consequences of material breach. The Court found that the terms of the deed, when read in their proper context and with a view to giving commercial efficacy to the agreement, were sufficiently certain. The Court also determined that Dectar had not committed a material breach that would excuse TQ from its obligations under the deed. Consequently, the Court found in favour of Dectar.

The Supreme Court ordered that the deed of settlement be specifically performed and that TQ be bound by its terms.