Fullerton Nominees v Darmago [2000] WASCA 4

Facts: Proceedings were brought by Damargo seeking to recover agent’s commission for facilitating the establishing by Fullerton of an abattoir complex in Indonesia. The contract included an express term where Damargo was to be reimbursed in respect of ‘invisible costs’, i.e. bribes. Damargo sought to recover in these proceedings those bribes, which were illegal under Indonesian law. 

Held: He was not entitled to recover any agent’s commission, as no severance was available of this unlawful part of the contract from the rest of the contract. The agency contract contemplated, if not required, the doing of an act in Indonesia unlawful under the law of Indonesia. No consideration of the proper law of the contract was required.