Great Australian Operations v CopperChem - Contracts case

The Federal Court has handed down its decision in the case of Great Australian Operations Pty Limited (receivers and managers appointed) v CopperChem Limited [2012] FCA 391, ruling that the proceeding be dismissed.

The case relates to the construction and interpretation of contracts. In his reasoning, Jacobson J looked at whether there was ambiguity in the contract, concluding that •there is ambiguity in the meaning of the language contained in the Terms and Conditions, in particular as to the meaning of the phrase “actual EBITDA for the CopperChem Group”, read in its full context.•

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