BARTER V MAYOR OF MELBOURNE (1870) 1 AJR 160
Barter contracted with the Mayor of Melbourne. The contract provided for altered works to be measured and paid for and further provided that “no claim will be allowed for extras unless ordered in writing”.
Barter claimed payment for, among other things, additions, alterations and extra works.
Barter argued that the additions and alterations, as distinct from extras, were not required by the contract be in writing.
Accordingly, the court considered the distinction between additional work which is within the contract and additional work outside the contract.