Jim Doyle, principal lawyer at Doyles Construction Lawyers, is part of a panel of distinguished speakers who will present at a major Construction Law seminar on August 17, 2021. Entitled Construction Law in 8 Hours Masterclass, the event is being organized by Crown Leadership International Group – a business organization of DISTINGUISHED TRAINERS that conducts […]
The team at Doyles Construction Lawyers has written an article last March 2021 for the Built Environment Economist (BEE) – a quarterly publication of research articles from Australia, New Zealand, and other parts of the world. BEE offers guidance to construction professionals, quantity surveyors, and asset owners in the infrastructure industry. Entitled Getting the Payment […]
Court of AppealSupreme Court New South Wales Case Name: Lepcanfin Pty Ltd v Lepfin Pty Ltd Medium Neutral Citation: [2020] NSWCA 155 Hearing Date(s): 14 May 2020 Date of Orders: 23 July 2020 Decision Date: 23 July 2020 Before: Bell P at [1]; Payne JA at [116]; McCallum JA at [117] Decision: 1. Grant leave […]
This case highlights the High Court’s to give a wider interpretation to arbitration clauses and a vital importance to context in interpretation of arbitration clauses, and to be more willing to send parties to arbitration. The case also demonstrates the persuasive power of Mrs Gina Rinehart in all areas. For a free PDF […]
Medium Neutral Citation: Scarano v Palm Pools and Spas Pty Ltd [2019] NSWCATAP 79 Hearing dates: 13 December 2018 Date of orders: 04 April 2019 Decision date: 04 April 2019 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave is refused to raise a new ground on appeal. […]
The case highlights the approach recently taken by the Victorian Supreme Court of Appeal when assessing claims under the s.18 of the ACL regarding express representations made within a Building and Construction Contract, and the Courts approach in its assessment of pleadings within a statement of Claim in relation to the representations. This case further […]
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 […]