Chapter 6 Repossession of the site

If the principal terminates the contract, then the principal can exercise its rights of possession of, and access to, the site, and exclude further possession or access by the contractor. In these circumstances, the contractor’s possession of the site is defined as a licence which can be revoked at the will of the principal. This is true even if the contractor’s access to and possession of the site has been wrongfully revoked by the principal (Graham H Roberts Pty Limited v Maurbeth Investments Pty Limited [1974] 1 NSWLR 93).

If a contractor’s right to access the site has been revoked, the contractor will no longer have the right to access the site and will be a trespasser if it remains on the land, as in Cowell v Rosehill Racecourse Company Limited  (1937) 56 CLR 605.