CONTRACTS – where existence of commercial contract not in dispute – whether contract made with a sole counterparty or with multiple counterparties where all potential counterparties part of corporate group – objective construction of contract to ascertain parties’ intention – evidence of surrounding circumstances – whether contract wholly in writing – relevance of post-contractual matters to identification of counterparties where written offer accepted by giving instructions – where instructions not in evidence
Held: contract made with multiple counterparties – each of the corporate respondents jointly and severally liable for the debt due under the contract
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0116For more information, see the original judgement.