Kay v Playup Australia Pty Ltd [2020] NSWCA 33 (04 March 2020) (Macfarlan JA at [1], Brereton JA at [2], Simpson AJA at [132])


Catchwords:


EQUITY – Equitable remedies – Relief against forfeiture – Doctrine confined to proprietary or possessory rights as distinct from mere contractual rights

CONTRACTS – Remedies – Penalty – Doctrine extends beyond payment of a stipulated sum of money to deprivation of contractual rights – Application to deprivation of the benefit of restraint clause and warranties

CONTRACTS – Construction – Interpretation – Dependent and independent obligations – Whether ‘clear words’ are required to find a relation of independency between obligations