GSA GROUP PTY LTD AND ORS V. SIEBE PLC AND ORS (1993) 30 NSWLR 573
Supreme Court of New South Wales – 27 April 1993
This was a hearing in which the GSA as Plaintiff were contesting the court’s provisional view, expressed in an earlier judgment, that it was entitled only to nominal damages only in respect of the Siebe’s repudiation of the distributorship contract.
GSA conceded that damages could only be awarded if it had suffered loss from increased prices or loss of a market after the breach of contract by Siebe.
Was there a method either express or implied prescribed by the distributorship contract whereby the price could be determined for the sale of the goods, for the purposes of the distributorship contract? There was nothing on this issue expressly outlined in the distributorship contract.
Was there a term in the distributorship contract requiring the parties to negotiate a price in good faith?