Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270 (05 November 2019) (Gleeson JA at [1], White JA at [93], Barrett AJA at [94])


Catchwords:


CONTRACTS – performance – discharge by performance – valid termination of cleaning services contract – express term prohibiting use of unauthorised subcontracted labour – where unauthorised subcontractors undertook 90 per cent of cleaning services – whether cleaning obligation could be performed vicariously – consideration of personal contracts – no claim for quantum meruit