Bribes and stolen windows, pots and kettles – difficulties of terminating a contract due to dishonesty

NUA Facades Limited, Nua Interiors Limited and Silk Property Developments Limited v Terry Brady T/A Terry Brady Developments Limited.

This recent case has not received a great deal of attention. However, it should be of interest to contractors, project managers and employers. It reaffirms the difficulties parties face when seeking to set aside agreements, even where the court has evidence of impropriety before it. This is particularly in circumstances where the terms of the agreement are clear and the parties have had the benefit of professional advice. Although fact specific, the judgment is an interesting reminder of the difficulties parties will face in seeking to undo agreements on the basis of fraud.