Casewatch List

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

  • Posted by Doyles Construction Lawyers
  • On May 20, 2019
  • 0 Comments
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 […]
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Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSCA 246

  • Posted by Doyles Construction Lawyers
  • On March 21, 2019
  • 0 Comments
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 […]
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Mann v Paterson Constructions Pty Ltd [2018] VSCA 231

  • Posted by Doyles Construction Lawyers
  • On October 2, 2018
  • 0 Comments
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 […]
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 3

Stepanoski v Aslan [2018] NSWSC 1160

  • Posted by Doyles Construction Lawyers
  • On October 2, 2018
  • 0 Comments
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 […]
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Wollongong Coal Limited v Gujarat NRE India Pty Ltd [2015] FCA 221

  • Posted by Doyles Construction Lawyers
  • On October 2, 2018
  • 0 Comments
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 […]
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Coliban Heights Pty Ltd v Citisolar Vic Pty Ltd [2018] VSCA 751

  • Posted by Doyles Construction Lawyers
  • On October 2, 2018
  • 0 Comments
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 […]
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The Owners – Strata Plan No 66375 v King [2018] NSWCA 170

  • Posted by Doyles Construction Lawyers
  • On October 2, 2018
  • 0 Comments
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 […]
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Strict Disciplinary Liability on a Builder for the Work of its Subcontractor

  • Posted by Doyles Construction Lawyers
  • On August 16, 2018
  • 0 Comments
Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATOD 114 FACTS Champion Homes Sales (the Applicant) is a holder of a contractor licence under the Home Building Act 1989 (NSW) (the Home Building Act). The Applicant carried out works at two properties and subcontracted a water proofer to carry out waterproofing works […]
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Challenge to Adjudicator’s Determination and Reasoning – Payment Claims

  • Posted by Doyles Construction Lawyers
  • On July 31, 2018
  • 0 Comments
Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027 FACTS Southern Cross Electrical Engineering (the Plaintiff) and Steve Magill Earthmoving (the Defendant) entered into a Subcontract whereby the Defendant would perform excavation and trenching works (the Works). The Subcontract was a construction contract for the purposes of the Building and Construction Industry Security […]
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Revision, Correction and Withdrawal of Payment Claims

  • Posted by Doyles Construction Lawyers
  • On July 31, 2018
  • 0 Comments
Valeo Construction v Pentas [2018] VSC 243 FACTS Valeo Construction Pty Ltd (the Plaintiff) and Pentas Property Investments Pty Ltd (the Defendant) entered into a contract whereby the Plaintiff would construct a five-storey residential apartment building, with two levels of basement car-parking and some commercial tenancies at 178 Victoria Avenue, Albert Park (the site) in […]
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