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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 […]
HIGH COURT OF AUSTRALIA Gibbs C.J., Wilson, Brennan, Deane and Dawson JJ. BURNS v. M.A.N. AUTOMOTIVE (AUST.) PTY. LTD. (1986) 161 CLR 653 16 December 1986 Contract—Breach—Damages—Sale of goods—Prime mover—Warranty that engine fully reconditioned—Breach—Loss of earnings—Extent of recovery—Mitigation of loss—Purchaser impecunious—Relevance to assessment of damages and mitigation. Decisions GIBBS C.J.: This is an […]
Jim Doyle, Partner at Doyles Construction Lawyers presents on defective building works. Doyles Construction LawyersDoyles Construction Lawyers is your one-stop for all legal matters related to construction law, building law, and dispute resolution in Australia.
This case highlights the approach taken by the Victorian Supreme Court of Appeal when assessing a claim made in quantum meruit as a result of one party accepting the repudiation of a contract made by the other party. The Court will have regard to actual costs when assessing the amount payable, however is not bound […]
This case highlights the approach taken by the New South Wales Supreme Court in assessing which Construction Contract is in existence and binds the party in the situation whereby a Cost-Plus Contract is in existence, however the parties’ executed a lump sum contract some months later and backdated it to the date of the Cost-Plus […]
This case highlights the approach taken by the Federal Court of Australia in assessing claims to set aside a statutory demand, served pursuant to s.459E of the Corporations Act, on the basis that the Affidavit in support of the Demand was affirmed 13 hours after the Statutory Demand and that the Description of the Debt […]
This case highlights the approach taken by the Victorian Supreme Court of Appeal in assessing an appeal before it in relation to a party terminating a goods and services contract pursuant to s.269 of the Competition and Consumer Act, where the terminating party appears to have accepted the goods and services under s.270 of the […]
This case highlights the interpretation taken by the Court in interpreting the scope of a notional contract under s.18C of the Home Building Act 1989 NSW and whether the notional contract is limited to an actual contract that gives rise to a breach of a statutory warranty under s.18B of the Act and whether a […]
Contract Performance and Management by Jim Doyle, as featured in the June 2018 edition of The Building Economist. The Building Economist June 2018 To download this article, please click below: Doyles Construction LawyersDoyles Construction Lawyers is your one-stop for all legal matters related to construction law, building law, and dispute resolution in Australia.