Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited

Truth About Motorways Pty Limited sought relief from the Supreme Court of New South Wales, challenging a decision by Macquarie Infrastructure Investment Management Limited to alter the terms of a contract concerning a toll road. The plaintiff argued that the defendant had breached the contract by making unilateral changes without their consent. The core dispute was whether the defendant's actions constituted a breach of contract and if the plaintiff had a right to seek damages or other remedies for such a breach.

The court was tasked with determining the validity of the defendant's decision to amend the contract terms. Key issues included whether the contract allowed for unilateral changes, and if the changes were justified under any clause or principle of contract law. The court also needed to assess the impact of these changes on the plaintiff's rights and obligations under the contract.

In its judgement, the court examined the contractual provisions closely and concluded that the defendant did not have the authority to unilaterally alter the terms. The court found that the changes were not permissible under the contract and constituted a breach. As a result, the plaintiff was entitled to seek damages for the breach. The court ordered that the costs incurred in the proceedings be taxed, ensuring that the parties were appropriately compensated for their legal expenses.