Motortrak Ltd v FCA Australia PTY Ltd

Contract – Termination. The Commercial Court made rulings in a dispute arising from an agreement between the parties for the claimant company to provide web-based services to the defendant company. The court held that, among other things, payments made to the defendant's managing director by the claimant through a third party had been bribes. In the circumstances, the defendant was not able to recover the amount of the bribes, as it had not established that, had the agreement been the subject of a 'proper negotiation' or the subject of a tender, the defendant would have entered into a different agreement with the claimant, or an agreement with another provider which would not have included the full range of services offered by the claimant.

Category: