Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155 (23 July 2020)

  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 […]

Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors; Rinehart & Anor v Georgina Hope Rinehart (in her personal capacity as Trustee of the Hope Margaret Hancock Trust and as Trustee of the HFMF Trust) & Ors [2019] HCA 13

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 […]

Scarano v Palm Pools and Spas Pty Ltd NSWCATAP 79 (4 APRIL 2019)

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. […]

Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSCA 246

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 […]

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 […]