Boncristiano v Lohmann [1998] 4 VR 82

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 […]

ALUCRAFT PTY LTD (IN LIQUIDATION) v GROCON LTD (No 2) [1996] 2 VR 386

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 […]

Ruxley Electronics and Construction Ltd v. Forsyth [1995] 3 All ER 268

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 […]

BURKE v LUNN [1976] VR 268

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 […]

Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1791

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 […]

Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276

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 […]

Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8

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 […]

PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159

COURT OF APPEAL SUPREME COURT NEW SOUTH WALES   HEARING DATE: 16 June 2017 DATE OF ORDERS: 27 June 2017 BEFORE: McColl JA, Gleeson JA, McDougall J DECISION: (1) Notice of appeal dismissed with costs. (2) On the cross-appeal: (a) Set aside the costs orders made by the primary judge; (b) In place of those […]

Stone v Chappel [2017] SASCFC 72

SUPREME COURT OF SOUTH AUSTRALIA (Full Court) DISCLAIMER – Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment.  The onus remains on any person using material in the judgment to ensure that the intended use of that material does not breach any such […]

Bellgrove v Eldridge (1954) 90 CLR 613

HIGH COURT OF AUSTRALIA   BELLGROVE, APPELLANT PLAINTIFF   AND    ELDRIDGE, RESPONDENT DEFENDANT   ON APPEAL FROM THE SUPREME COURT OF VICTORIA.   Building—Contract for erection of house—Breach by builder—Faulty foundations— Instability of structure—Demolition—Reconstruction—Measure of damages.   In an action for damages for breach of contract brought by a building owner against a builder, it […]