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

  • SMEDLEY V DEPARTMENT OF BUSINESS, THE ARTS, SPORTS AND TOURISM [1996] ACTAAT 144
    Smedley made an application to the Department for access to documents relating to an application for a grant by the Fairbairn Control Council for roadworks and an authorisation for a change to the original application. The Department located some documents and provided access to these documents…
  • SOUTH BANK CORPORATION V MOSTIA CONSTRUCTIONS [1999] QSC 126
    Mostia served two notices of dispute on South Bank and referred a dispute to arbitration under clause 47 of the AS2124 Contract. South Bank claimed that the first notice was not properly served and that the second notice did not adequately identify and provide details of the dispute…
  • SOUTHERN CROSS REFRIGERATING CO V. TOOWOOMBA FOUNDARY PTY LTD [1959] 71 CLR 592
    Southern Cross sought to register a trademark consisting of the words “Southern Cross” in respect of refrigeration on the ground that it would be likely to deceive consumers. Toowoomba built and registered trademarks for milking machine, windmills, well-drilling machines and parts.
  • SPUNWILL PTY LTD V BAB PTY LTD (1994) AUST CONTRACTS REPORTS 90-053
    This case concerned a dispute over the meaning and interpretation of a restraint of trade clause contained in a deed to purchase a hardware store…
  • ST KILDA ROAD PTY LTD V 170-174 ST KILDA ROAD PTY LTD [2000] VSC 65
    170 – 174 St Kilda Road (“170”) was the owner of the property at 170-174 St Kilda Rd, Melbourne. 170 agreed to sell the property to St Kilda Road Pty Ltd for $1,400,000.00. St Kilda Road Pty Ltd was to pay the balance owing on 14 September 1999 but elected to extend the settlement date by paying $25,000.00 to 170 by cheque…
  • STAIR HOLDINGS PTY LTD V CELESTINO [2000] VSC 235
    Celestino was the director of V & M Celestino Investments Pty Ltd. The company made arrangements to have Stair Holdings build a house for it and a contract between the company and Stair Holdings was prepared. Celestino signed the contract on behalf of the company and before signing he was told that he was signing the contract on behalf of the company and was not personally bound by the contract…
  • STATE OF VICTORIA V SEAL ROCKS VICTORIA [2001] VSC 76
    The State had entered into a contract with Seal Rocks to design, construct, operate and maintain tourist amenities on Phillip Island. Some disputes arose between the parties and they referred the dispute to arbitration as required by the arbitration clause in the contract…
  • STOCKLAND (CONSTRUCTORS) PTY LIMITED & ANOR V DARRYL I COOMBS PTY LIMITED & ORS [2005] NSWSC 157
    Stockland (Constructors) Pty Limited (‘Stockland’) issued an invitation for tenders for the steel fabrication sub-contract. The invitation was based upon a “trade package” comprising architectural and engineering drawings depicting the structural steel, a bill of quantities and sub-contract documents containing proposed terms…
  • STOKOLOSA V WEEKS PEACOCK QUALITY HOMES PTY LTD [2000] SASC 266
    Stokolosas’ reached an agreement with Pinnington (an employee of Weeks Peacock) to build a house on the Stokolosas’ land to designs prepared by Pinnington…
  • SUTTON V AJ TOMPSON PTY LIMITED (IN LLQ) (1987) ALR 233
    The Applicants purchased a business from the respondent KLK Manufacturing Pty Limited. The Applicants alleged that, prior to the purchase, a number of misrepresentations were made by the respondents regarding costs of inputs, average sale price to distributors, and average number of units sold per month…
  • SWEENEY V BOYLAN [2006] HCA 19

  • SWF HOISTS & INDUSTRIAL PTY LTD V WOOLCOCK ENGINEERING PTY LTD [1999] SASC 353
    SWF agreed to design, manufacture, deliver, install and commission three travelling cranes for Woolcock. The relevant contract said that delivery was to occur within eight to ten weeks…
  • TAN HUNG NGUYEN & ANOR V LUXURY DESIGN HOMES PTY LTD & 2 ORS [2004] NSWCA 178
    Tan Hung Nguyen (‘Tan’), a registered proprietor of land in Burraneer, and Luxury Design Homes Pty Ltd (‘Luxury’), a licensed builder, entered into a building contract for the design and construction of a house…
  • TAYLOR PROJECTS GROUP PTY LIMITED V BRICK DEPT. PTY LIMITED & ORS [2005] NSWSC 439
    Taylor Project Group Pty Ltd (‘Taylor’) entered into a construction contract with Brick Dept. Pty Limited (‘Brick’) for the carrying out of brick and block laying work at a site in Holden Street, Ashfield. Brick faxed a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) on 5 January 2005 at 10:41pm for $158,490.82…
  • TAYLOR PROJECTS GROUP PTY LIMITED V BRICK DEPT. PTY LIMITED & ORS [2005] NSWSC 571
    Taylor Project Group Pty Ltd (‘Taylor’) entered into a construction contract with Brick Dept. Pty Limited (‘Brick’) for the carrying out of brick and block laying work at a site in Holden Street, Ashfield. Brick made an Adjudication Application under the Building and Construction Security of Payment Act 1999 (NSW) (‘the Act’). The Adjudicator determined that Taylor was required to pay Brick the sum of $109,987.80…
  • THE MINISTER FOR COMMERCE (FORMERLY PUBLIC WORKS & SERVICES) V CONTRAX PLUMBING (NSW) PTY. LIMITED & ORS [2005] NSWCA 142
    The Minister for Commerce (‘the Minister’) entered into a contract with Contrax Plumbing (NSW) Pty Limited (‘Contrax’) for certain works to be carried out by Contrax at Concord Repatriation General Hospital for $5,423,000.00. Contrax submitted a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) to the Minister seeking $2,622,645.00…
  • THE STAFF DEVELOPMENT AND TRAINING CENTRE V. SEC, EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS [2000] AATA 78
    Mr. and Mrs Van Putten, Directors of The Staff Development and Training Centre, had been engaged in commercial training and consultancy services for up to 14 years. For the last 9 years, 95% of its work had been as a result of contracts with the Department of Employment Education Training and Youth Affairs (DEETYA)…
  • THIESS CONTRACTORS PTY LTD V PLACER (GRANNY SMITH) PTY LTD (2000) 16 BCL 130
    Placer (Granny Smith) Pty Ltd (“Placer”) entered into a contract with Thiess Contractors Pty Ltd (“Thiess”) whereby Thiess would carry out mining operations for Placer at rates based on genuine estimates of the cost of its operation, plus an agreed profit margin of 5%. Placer terminated the contract on the basis that the cost of continuing with Thiess under the existing contract was substantially higher than prices otherwise available on the market. Clause 1.1.5 of the contract required that Thiess and Placer act in good faith…
  • THIESS CONTRACTORS PTY LTD V PLACER (GRANNY SMITH) PTY LTD [2000] WASCA 102
    Placer was the owner of the Granny Smith gold mine and in 1989 engaged Thiess to carry our open cut mining at the mine site. The original contract was a schedule of rates contract; latent conditions lead to Thiess making windfall profits…

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