STUART PTY LTD v CONDOR INSULATION PTY LTD [2006] NSWCA 334

摘要

Suppose a subcontractor breaches its subcontract with the head contractor so seriously that the head contract is terminated by the principal. This may result in significant loss of profit to the head contractor under the head contract. The head contractor would want to recover this loss of profit from the subcontractor. But unless the subcontract is carefully drafted, the head contractor might not be able to recover this loss. The head contractor, through no fault of its own, could sustain significant loss which it would be unable to recover from the subcontractor whose breach of contract caused the loss.