White v Australian & New Zealand Theatres Ltd [1943] HCA 6; (1943) 67 CLR 266 (29 April 1943)

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Resource Text: Law Report
Title White v Australian & New Zealand Theatres Ltd [1943] HCA 6; (1943) 67 CLR 266 (29 April 1943)
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Abstract/Description A written contract between two theatrical artists and a company which owned and corntrolled theatres in Australia provided that the company engaged the "sole professional services" of the artists "as required and directed" for a stated period on certain terms and conditions as to remuneration. The contract did not specify the nature of the said professional services. Held that extrinsic evidence was admissible to identify such services. Held, further, that upon the evidence so admitted the artists were employed under the contract in their capacities of theatrical artists and producers in relation to a certain revue and that, though the company was willing to continue to pay salaries in accordance with the contract, their exclusion by the company from all the work of producing the revue was a breach which went to the root of the contract and entitled the artists to refuse to continue to perform any other part of the contract and also to recover damages. Decisions of the Supreme Court of New South Wales (Full Court) reversed.
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Date Issued 29 April 1943
Holding Institution Australasian Legal Information Institute
Language English
Citation High Court of Australia, White v Australian & New Zealand Theatres Ltd [1943] HCA 6; (1943) 67 CLR 266 (29 April 1943), Australasian Legal Information Institute, 29 April 1943
Data Set AusStage
Resource Identifier 58889