Safety Mate P/L (ACN 104 784 241) v ATG Lanka (PVT) Ltd [2022] VSCA 273

CONTRACT - Termination of distribution agreement - Construction of termination clauses - Validity of termination notice - Termination notice valid - Leave to appeal refused.

CONTRACT - Good faith - Express term to act in good faith - Alleged failure to act in good faith - Whether disclosure of confidential information not in good faith - Whether as a consequence such disclosure prevents the giving of a termination notice - Termination notice valid - Giving of termination notice in good faith and not affected by disclosure of confidential information - Leave to appeal refused.

CONTRACT - Exclusion clauses - Whether loss and damage covered by exclusion clauses - Exclusion clauses effective to deny liability - Leave to appeal refused.