Quality Bakers Australia Pty Limited v ISS Facility Management Pty Ltd [2021] NSWCA 74 (30 April 2021) (Bell P at [1]; Meagher JA at [92]; Leeming JA at [93])


Catchwords:


CONTRACT – contract providing for ongoing negotiation between parties following an initial period of due diligence – contract providing for further due diligence to be undertaken – construction of clauses providing for reimbursement of a capped amount of due diligence costs – whether potential service provider entitled to be reimbursed for its due diligence costs – no issue of principle.