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 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; 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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 […]