MORRISON – KNUDSEN INTERNATIONAL COMPANY INC & ANOR V
The Plaintiffs sued the defendant for a breach of a duty of care in the compilation and communication of certain basic information as to the nature and content of the soils underlying the proposed site of the runways at Tullamarine. The Plaintiffs claimed that the information about the soil and its contents at the site was false, inaccurate and misleading.
The Commonwealth claimed it was protected by an exclusion clause in the tender documents which provided that the contractor acknowledged that it had satisfied itself about the nature and location of the work and that it had examined all contract documents and informed itself about the site and local conditions.
The Commonwealth applied to the High Court for a ruling on whether the exclusion clause barred the claim by the Plaintiffs.
Did the exclusion clause prevent the Plaintiffs suing the Commonwealth for negligence?