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

  • TIMWIN CONSTRUCTIONS PTY LTD V FACADE INNOVATIONS PTY LTD [2005] NSWSC 548
    Timwin Constructions Pty Ltd (‘Timwin’) as builder, entered into a subcontract with Facade Innovations Pty Ltd (‘Facade’) as the subcontractor for construction works…
  • TOLFAB V TIE [2005] NSWSC 326
    Tolfab Engineering Pty Ltd (‘Tolfab’) entered into a sub-contract arrangement with Tie Fabrications Pty Ltd (‘Tie’) for metalwork for a residential development known as the “Oxford Square Project” located on the corner of Oxford Street and Pelican Street Oxford…
  • TOP PERFORMANCE MOTORS PTY LTD V IRA BERN [1975] 24 FLR 286
    Top Performance (Top) was the holder of a dealership to sell Datsun Motor Vehicles in the Gold Coast region. Ira Bern was the wholesale distributor of Datsun Motor Vehicles in Queensland and had granted the Gold Coast dealership to Top…
  • TQM Design & Construct v Dasein Constructions
    TQM Design & Construct Pty Ltd (‘TQM’) and Dasein Constructions Pty Ltd (“Dasein’) entered into a construction contract. Dasein served a Payment Claim pursuant to section 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’). TQM did not accept the claim. Accordingly, Dasein referred the matter to Adjudication…
  • TRADE PRACTICES COMMISSION V. COMMODORE BUSINESS MACHINES PTY LTD (1989) ATPR 40-976
    Respondent supplied personal computers to 150 dealers around the country, requiring a commitment in writing that the computers would not be advertised at less than the recommended retail price. They obtained legal advice that this clause would be lawful so long as dealers recognised that they could sell the computers at whatever price they wished…
  • TRADE PRACTICES COMMISSION V. NICHOLAS ENTERPRISES PTY LTD (NO 2) (1979) 40 FLR 83
    The defendants ran five hotels in the metropolitan area of Adelaide. The defendants all sold packaged beer to the public. The Trade Practices Commission commenced proceedings against the defendants claiming pecuniary penalties and injunctions…
  • TRESTRAIL & TRESTRAIL V BRIGGS [1999] SASC 413
    Briggs owned a block of land in the Adelaide Hills and retained Trestrail to construct a driveway to run from the northeastern corner of the land. Trestrail quoted a piece of $4000 to $4500 for the work…
  • TRIMIS & ANOR V MINA [1999] NSWCA 140
    Mr. and Mrs Trimis (‘Trimis’) owned land at Bankstown which they wished to develop. Plans for cluster houses were approved and Mr. Mina (‘Mina’), the builder, quoted for the remaining work. The parties executed a Contract…
  • TRYHAZ V FIELDER [2005] NSWSC 906
    Multiplex Constructions Pty Ltd (“Multiplex”) was engaged to design and construct the marine and infrastructure works undertaken as part of the redevelopment of wharves 9 and 10, 7-11 Sussex Street, Sydney, known as the King Street Wharf works. Multiplex subcontracted the marine section to Tryhaz Pty Limited (“Tryhaz”)…
  • TSZYU V FIGHTVISION PTY LTD [1999] NSWCA 323

  • TURIFF CONSTRUCTION LTD V REGALIA KNITTING MILLS LTD (1972) Digest of Cases 257
    Turiff, who had successfully tendered for a building project, was asked to commence preparation work immediately while negotiations were conducted to agree to the terms to be included in a formal contract; Regalia was to purchase the land and obtain the necessary permits in the meantime…
  • TURNER CORPORATION LIMITED V AUSTOTEL PTY LTD (1992) CLD100015 OF 1992
    By contract in the form JCC A 1985, Turner agreed to construct a hotel for Austotel. Turner issued proceedings against Austotel for declarations and orders relating to extensions of time and payment under the contract, damages for breach of the contract and other matters…
  • TURNER CORPORATION PTY LTD V AUSTOTEL PTY LTD (1994) 13 BCL 378
    Turner Corporation Pty Ltd (‘Turner’), as Builder, entered into a “Building Works Contract – JCCA 1985 with Quantities” with Austotel Pty Ltd (‘Austotel’), the Proprietor…
  • TWO LANDS SERVICES PTY LTD V GREGORY ROBERT CAVE [2000] NSWSC 14
    Cave was employed by Two Lands as a finance consultant in the mortgage origination business. The employment contract included a restraint of trade clause which provided that Cave would not work for a competitor for twelve months and would not contact any referrers used by Two Lands for twelve months…
  • VARNSDORF PTY LTD V FLETCHER CONSTRUCTIONS LTD [1999] VSC 9
    Varnsdorf was the lead contractor and Command and Fletcher were sub-contractors. Varnsdorf referred a dispute to arbitration. Fletcher made allegations against Command in its witness statements and Command then served a notice of dispute after the thirty day time limit specified in the contract…
  • VICTORIA PARK GOLF CLUB INC V BRISBANE CITY COUNCIL [2001] QSC 225
    The Council was the owner (on trust) of land used for a golf course. The golf club operated a clubhouse on the land and its members had entitlements to use the golf course…
  • VILLANI & ANOR V DELSTRAT PTY LTD & ANOR [2002] WASC 112
    This proceeding involved an application by Mr. & Mrs Villani to set aside the award of an arbitrator for misconduct by failing to decide substantial pleaded issues between the parties. Mr. & Mrs Villani had engaged Delstrat to build a house for them in Ascot Waters…
  • VINCE SCHOKMAN & ANOR V XCEPTION CONSTRUCTION PTY LTD & ANOR [2005] NSWSC 297
    Xception Construction Pty Ltd (‘Xception’) entered into a construction contract with Vince Schokman (‘Schokman’) for the carrying out of construction work at Stotts Street, Bilambil Heights in New South Wales…
  • WALLERA PTY LTD V CGM INVESTMENTS PTY LTD & ANOR [2001] NSWSC 96
    Wallera had franchised a carpet dry-cleaning process from CGM and Whistle. The process of electromagnetically dry-cleaning carpets (“the process”) that was used by Wallera and the use of the name “Electrodry” (“the name”) was owned by Whistle but CGM had exclusive rights to use this process and the name pursuant to a Deed of Licence…
  • WALLERS PTY LTD V CGM INVESTMENTS PTY LTD & ANOR [2001] NSWSC 96
    Wallera had franchised a carpet dry-cleaning process from CGM and Whistle. The process of electromagnetically dry-cleaning carpets (“the process”) that was used by Wallera and the use of the name “Electrodry” (“the name”) was owned by Whistle but CGM had exclusive rights to use this process and the name pursuant to a Deed of Licence…

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