SWF HOISTS & INDUSTRIAL PTY LTD V WOOLCOCK ENGINEERING PTY LTD [1999] SASC 353
Supreme Court of South Australia – 31 August 1999
FACTS
SWF agreed to design, manufacture, deliver, install and commission three travelling cranes for Woolcock. The relevant contract said that delivery was to occur within eight to ten weeks.
The cranes were not delivered within the ten weeks. SWF claimed that the late delivery was due to Woolcocks failure to have runaway beams aligned to within acceptable tolerances and therefore it was impossible to install the cranes. The contract provided that Woolcock was responsible for the runaway beams. SWF issued proceedings to recover payment for the work on the cranes. Woolcock claimed that the late delivery of the cranes was a breach of contract and SWF was not entitled to be paid for its work.
ISSUE
Was the term of the contract that provided that SWF would deliver the cranes within the ten weeks conditional on Woolcock discharging its contractual responsibilities with the runaway beams?
FINDING
…
