Goyard St-Honore v. Alice Chan WIPO Case No. D2013-1753

Goyard St-Honore v. Alice Chan WIPO Case No. D2013-1753

  • Posted by Doyles
  • On September 19, 2015
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  • Goyard Merchandise, Goyard St-Honore v. Alice Chan WIPO Case No. D2013-1753
Case Details for WIPO Case D2013-1753 WIPO Case Summary WIPO Case Number D2013-1753 Domain name(s) goyardreplicauk.com Complainant GOYARD ST-HONORE Respondent Alice Chan Panelist Barker, Sir Ian Decision Date 03-12-2013 Decision Transfer WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION GOYARD ST-HONORE v. Alice Chan Case No. D2013-1753 1. The Parties The Complainant is GOYARD ST-HONORE […]
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Glenvill Projects Pty Ltd & Ors v North North Melbourne Pty Ltd & Ors [2013] VSC 717

  • Posted by Doyles
  • On September 17, 2015
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  • Glenvill Projects Pty Ltd & Ors v North North Melbourne Pty Ltd & Ors
IN THE SUPREME COURT OF VICTORIA Not Restricted AT MELBOURNE COMMON LAW DIVISION TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST No. 04583 of 2013   GLENVILL PROJECTS PTY LTD (ACN 147 526 074) First Plaintiff   and   GLENVILL PTY LTD (ACN 150 874 356) Second Plaintiff   v   NORTH NORTH MELBOURNE PTY LTD (ACN 103 […]
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Jim Doyle on recent expert determination case

  • Posted by Doyles
  • On September 17, 2015
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  • Glenvill Projects Pty Ltd & Ors v North North Melbourne Pty Ltd & Ors, Glenvill Projects Pty Ltd & Ors v North North Melbourne Pty Ltd & Ors [2013] VSC 717, Jim Doyle, Jim Doyle Attorney
A recent case in the Supreme Court of Victoria demonstrated the increasing roles of experts in determining building construction disputes between parties to a contract. In this instance, Melbourne-based building firm Glenvill sought to challenge the interlocutory ruling of the expert, which had excluded extra claims the company wished to make to add to its […]
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Complete discretion & the criteria specified in the contract

  • Posted by Doyles
  • On September 17, 2015
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  • Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor, Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor [2013] VSC 614
Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor [2013] VSC 614 Cosmopolitan were tenants of Crown Melbourne and their leases did not contain an option to renew. Cosmopolitan contended that landlord gave them oral assurances that if they undertook major refurbishment works they would be ‘looked after with a further term’ and […]
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Exclusion of the apportionment provisions & indemnity provision in Construction Contract

  • Posted by Doyles
  • On September 17, 2015
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  • Perpetual Trustee v CTC Group, Perpetual Trustee v CTC Group (No 2) [2013] NSWCA 58
Perpetual Trustee v CTC Group (No 2) [2013] NSWCA 58 The New South Wales Court of Appeal decision has recently demonstrated a firmer approach to the exclusion of the apportionment provisions of the Civil Liability Act 2002 which has significant implications for contract managers when settling the terms of a construction or other contract. FACTS […]
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Reasonable Endeavours Clause

  • Posted by Doyles
  • On September 17, 2015
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  • Electricity Generation Corporation vs Woodside Energy Ltd & Ors
Electricity Generation Corporation vs Woodside Energy Ltd & Ors [2014] HCA 7 A gas plant explosion in Western Australia caused a chain of events which lead to a recent appeal being upheld in the High Court of Australia. Verve Energy (the buyer) and Woodside (the seller) were parties to a long term gas supply contract […]
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Did the Owners Corporation Act Reasonably to Mitigate Its Losses?

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  • On September 17, 2015
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  • Strata Plan No 76674 v Di Blasio Constructions Pty Ltd
The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 FACTS The plaintiff Owners Corporation sued the defendant Builder for breaches of the warranties implied by Section 18B of the Home Building Act (NSW) (the “Act”) on account of various building defects in a residential apartment building. The Builder […]
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Breach of Non Essential Terms Can Justify Termination

  • Posted by Doyles
  • On September 17, 2015
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  • Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited, Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited (2007) 233 CLR 115
Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited (2007) 233 CLR 115 FACTS Koompahtoo (land owner) & Sanpine (a property developer) entered a joint agreement for the development of land which did not expressly provide for either party to terminate the agreement unilaterally. Following difficulties the 2nd appellant was appointed as administrator of Koompahtoo. […]
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Validity of Payment Claims

  • Posted by Doyles
  • On September 17, 2015
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  • Illawarra Retirement Trust v Denham Constructions Pty Ltd, Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823
Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823 Termination of contract, the effect on reference dates arising under the Building and Construction Industry Security of Payment Act 1999 (NSW) and the validity of payment claims that include security monies. The case highlights the importance of identifying in a Notice of Termination, the […]
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Expert Determination or Arbitration

  • Posted by Doyles
  • On September 17, 2015
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  • Haridemos v Labathas, Haridemos v Labathas [2015] ACTSC 110
Haridemos v Labathas [2015] ACTSC 110 FACTS Haridemos agreed to construct two new residences, on two properties in McKellar for Labathas. Disputes arose during the construction work. Haridemos sought resolution under the Security of Payment regime and entered the Adjudication Certificates obtained into judgment. Labathas initiated an appeal process against the Adjudication Certificates. During the […]
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