Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors; Rinehart & Anor v Georgina Hope Rinehart (in her personal capacity as Trustee of the Hope Margaret Hancock Trust and as Trustee of the HFMF Trust) & Ors [2019] HCA 13

Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors; Rinehart & Anor v Georgina Hope Rinehart (in her personal capacity as Trustee of the Hope Margaret Hancock Trust and as Trustee of the HFMF Trust) & Ors [2019] HCA 13

  • Posted by Doyles
  • On May 20, 2019
  • 0 Comments
This case highlights the High Court’s to give a wider interpretation to arbitration clauses and a vital importance to context in interpretation of arbitration clauses, and to be more willing to send parties to arbitration. The case also demonstrates the persuasive power of Mrs Gina Rinehart in all areas.     For a free PDF […]
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Scarano v Palm Pools and Spas Pty Ltd NSWCATAP 79 (4 APRIL 2019)

  • Posted by Tara Doyle
  • On April 10, 2019
  • 0 Comments
Medium Neutral Citation: Scarano v Palm Pools and Spas Pty Ltd [2019] NSWCATAP 79 Hearing dates: 13 December 2018 Date of orders: 04 April 2019 Decision date: 04 April 2019 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave is refused to raise a new ground on appeal. […]
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Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSCA 246

  • Posted by Doyles
  • On March 21, 2019
  • 0 Comments
The case highlights the approach recently taken by the Victorian Supreme Court of Appeal when assessing claims under the s.18 of the ACL regarding express representations made within a Building and Construction Contract, and the Courts approach in its assessment of pleadings within a statement of Claim in relation to the representations. This case further […]
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Boncristiano v Lohmann [1998] 4 VR 82

  • Posted by Doyles
  • On November 26, 2018
  • 0 Comments
SUPREME COURT OF VICTORIA — COURT OF APPEAL   BONCRISTIANO and Another v LOHMANN and Others   24, 25 September 1997, 13 February 1998 Contract — Building contract — Breach — Negligence — Damages — Assessment — Compromise — Settlement with one defendant — Whether settlement sum must be taken into account in assessing damages […]
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ALUCRAFT PTY LTD (IN LIQUIDATION) v GROCON LTD (No 2) [1996] 2 VR 386

  • Posted by Doyles
  • On November 26, 2018
  • 0 Comments
ALUCRAFT PTY LTD (IN LIQUIDATION) v GROCON LTD (No 2) [1996] 2 VR 386   SUPREME COURT OF VICTORIA SMITH  J 22 July 1993-15 February 1994, 22 April 1994 Headnotes Damages — Contract — Building contract — Breach of sub-contract — Head contractor not required to rectify — Whether head contractor suffered loss — Measure […]
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Ruxley Electronics and Construction Ltd v. Forsyth [1995] 3 All ER 268

  • Posted by Doyles
  • On November 26, 2018
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Ruxley Electronics and Construction Ltd v Forsyth; Laddingford Enclosures Ltd v Forsyth [1995] 3 All ER 268   HOUSE OF LORDS LORD KEITH OF KINKEL, LORD BRIDGE OF HARWICH, LORD JAUNCEY OF TULLICHETTLE, LORD MUSTILL AND LORD LLOYD OF BERWICK 27, 28, 30 MARCH, 29 JUNE 1995 Contract — Damages for breach — Measure of […]
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BURKE v LUNN [1976] VR 268

  • Posted by Doyles
  • On November 26, 2018
  • 0 Comments
SUPREME COURT OF VICTORIA BURKE v LUNN 29 August,29, 30 September 1975   Building contract — Disputes between builder and building owner — Order for reference of questions to special referee for enquiry and report to Court — Finding by special referee that building owner liable to pay builder a specified sum — Principles applicable to resolving […]
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Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1791

  • Posted by Doyles
  • On November 21, 2018
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SUPREME COURT NEW SOUTH WALES  GOODWIN STREET DEVELOPMENTS PTY LTD V DSD BUILDERS PTY LTD [2018] NSWSC 1791   HEARING DATE: 20 November 2018 DECISION DATE: 21 November 2018 JURISDICTION: Equity – Technology and Construction List BEFORE: Stevenson J DECISION: Plaintiff’s Notice of Motion of 20 November 2018 be dismissed with costs CATCHWORDS: BUILDING AND […]
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Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276

  • Posted by Doyles
  • On November 20, 2018
  • 0 Comments
COURT OF APPEAL SUPREME COURT NEW SOUTH WALES   GOODWIN STREET DEVELOPMENTS PTY LTD V DSD BUILDERS PTY LTD [2018] NSWCA 276   HEARING DATE: 17 October 2018 DECISION DATE: 20 November 2018 BEFORE: Basten JA at [1]; Leeming JA at [55]; White JA at [56] DECISION:   Dismiss the appeal from the judgment in the […]
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Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8

  • Posted by Doyles
  • On November 20, 2018
  • 0 Comments
HIGH COURT OF AUSTRALIA FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND KIEFEL JJ   TABCORP HOLDINGS LTD (Appellant) AND BOWEN INVESTMENTS PTY LTD (Respondent)   Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 12 February 2009 M63/2008   ORDER Appeal dismissed with costs   CATCHWORDS Contract – Damages – Lease – Tenant’s covenant […]
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