Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.

  • RICKARD CONSTRUCTIONS & ANOR V RICKARD HAILS & MORETTI & ORS [2004] NSWSC 1041
    Rickard Constructions constructed a pavement for a container depot at Port Botany. The pavement was designed by Rickard Hails and Moretti (‘Rickard Partners’) and eventually leased out to Mayne Nickless (‘Mayne’). The container depot was to be used for the storage of shipping containers and involved the use of heavy forklift trucks, to shift and place the containers…
  • RON ENGINEERING & CONSTRUCTION (EASTERN) V ONTARIO (WATER RESOURCES COMMISSION) [1981] 1SCR 111
    A tenderer had submitted a tender accompanied by a deposit of $150,000.00. The request for tenders documentation included a document entitled “information for tenders” which stated that there was a guarantee on the part of the tenderer that if the tender was withdrawn before the tenders had been considered, the deposit might be retained by the Ontario Water Commission…
  • ROULESTON CLARKE PTY LTD (IN LIQ) V. FAI GENERAL INSURANCE COMPANY LTD [1999] TASSC 150
    Rouleston traded as a financial planning and investment advisement business. Badger was employed by Rouleston as a financial adviser and was responsible for receiving cheques from clients for investment in various funds…
  • ROYEL FITNESS EQUIPMENT PTY LTD V. SHEPPARD WEST PTY LTD [2002] WASC 212
    Royel issued proceedings against Sheppard for alleged negligence in preparing a report on a business purchased by Royel. The proceedings were referred by the Court to mediation, with the mediation to be conducted on 31 October 2001 before a Registrar of the Court. Two previous mediation conferences had been adjourned by consent of both parties…
  • RTA V FLETCHER & LEIGHTON CONTRACTORS [2001] NSWCA 63
    Fletcher and a friend rode their motor cycles from Nowra to Wagga Wagga. The Hume Highway which was maintained by the Road and Traffic Authority of New South Wales (“RTA”) was then undergoing road works conducted by Leighton Contractors…
  • S M K CABINETS V HILI MODERN ELECTRICS PTY LTD [1984] VR 391
    S M K Cabinets (‘SMK’), the contractor, contracted with Hili Modern Electric Pty Ltd (‘Hili’), the proprietor, to supply and install cupboards at premises in Fawkner. The contract required the work to be completed by 15 July 1980, and there was no extension of time clause…
  • SCOTT V DAVIS [2000] HCA 52
    Davis was a licensed pilot and owned several light aircrafts which he kept at his property. During a private function held by Davis, Scott’s parents asked if Scott could go on a joy-ride in one of the aircrafts owned by Davis. Davis agreed and asked one of his guests Bradford, a licensed pilot, to take Scott on a joy ride. Bradford was neither Davis’ employee not an independent contractor working for Davis…
  • SECURED INCOME REAL ESTATE (AUST) LIMITED V. ST MARTIN INVESTMENT PTY LTD (1979) 144 CLR 597
    The Supreme Court of Queensland dismissed a claim for damages for breach of an implied term in a contract for the sale of an office building. The alleged implied term provided that the purchaser would actively co-operate with the vendor, to the extent reasonable necessary, in efforts to secure tenants and that it would not obstruct such efforts…
  • SHADDOCK V PARRAMATTA CITY COUNCIL (1981) ALR 385
    Shaddock wanted to purchase property located in the area governed by the council. Shaddock’s solicitor both orally and by a written standard form, asked the council whether the property was the subject of any proposals to widen roads…
  • SHAW V DIRECTOR OF HOUSING [2000] TASSC 115
    Shaw bought land and proposed to construct a shopping centre on that land near the public housing suburb of Rocherlea. The land was on the only access road to the suburb…
  • SHELLARD & ORS V ORLANSKI [2001] VSCA 147
    Orlanski was an accountant who was sued by Shellard & Ors (Shellard) for work that he had failed to do while acting for them…
  • SHELLBRIDGE PTY LTD V RIDER HUNT SYDNEY PTY LTD [2005] NSWSC 1152
    Shellbridge Pty Ltd (“Shellbridge”) and Rider Hunt Sydney Pty Ltd (“Rider Hunt”) entered into a construction contract whereby Rider Hunt was to provide quantity surveying services
  • SHORRLONG PTY LTD V NORTHERN TERRITORY HOUSING COMMISSION [1999] NTSC 140
    Shorrlong was retained by the Commission to supply labour and materials for the maintenance of various dwellings in Alice Springs. The contract was due to expire on 31 December 1995…
  • SHORTEN V GRAFTON DISTRICT GOLF CLUB [2000] NSWCA 58
    Shorten, a 13 year old boy, was playing golf at the Club’s golf course. During a game Shorten went to retrieve a ball which had landed in the rough. Shorten noticed that a mob of kangaroos were feeding in the grass where the ball had landed but as he had never had any difficulty with kangaroos he did not hesitate to enter the rough to retrieve the ball. Shorten was attacked by a large eastern grey kangaroo and suffered injuries…
  • SIR LINDSAY PARKINSON & CO LTD V CMRS OF HIS MAJESTYS WORKS AND PUBLIC BUILDINGS [1949] 2 KB 632; [1950] 1 ALL ER 208
    Sir Lindsay Parkinson & Co Ltd (‘Parkinson’), as Contractor, entered into a Contract with the Commissioners of His Majesty’s Works and Public Buildings (‘Commissioners’), as Principal, for the construction of an ordnance factory…
  • SIRWAY ASIA PACIFIC PTY LTD V COMMONWEALTH OF AUSTRALIA [2002] FCA 1152
    Sirway submitted a tender to the Department of Defence to supply chinaware under a standing offer agreement for a three year period. The chinaware was to meet a Specification, which involved testing the chinaware for water absorption, chipping and thermal shock…
  • SJP Formwork v Leda Constructions Casewatch
    The Plaintiff was a sub-contractor for the defendant on three projects. The subcontract agreement was not in writing. The Plaintiff claimed more money from the Defendant and the Defendant denied liability to pay any more money and crossclaimed for the defective work and delay. Court proceedings were referred for a report by a referee…
  • SKYWEST AVIATION PTY LTD V THE COMMONWEALTH OF AUSTRALIA [1995] ACTSC 20
    Skywest and the Commonwealth had a contract for air surveillance services. The contract referred to a clause which entitled Skywest to an increased payment based on the ‘purchase price’ of the aircraft. The provision referred to modified or unmodified aircraft. The remainder of the contract was silent on the issue…
  • SLIVAK V LURGI AUSTRALIA PTY LTD [1999] SASC 254
    BHP engaged Lurgi under a design and construct contract to build a fume extraction and dust disposal facility. Lurgi designed the works and then engaged Lucon to work on the construction stage…

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