Breach of Non Essential Terms Can Justify Termination

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. […]

Validity of Payment Claims

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 […]

Expert Determination or Arbitration

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 […]