Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.
- CO-ORDINATED CONSTRUCTION CO V CLIMATECH (CANBERRA) PTY LTD [2005] NSWCA 229
Co-ordinated Construction Co Pty Limited (‘Co-ordinated’), as contractor, retained Climatech (Canberra) Pty Ltd (‘Climatech’), as subcontractor, to provide air conditioning and mechanical services for the refurbishment project of the Gazebo Hotel in Elizabeth Bay, Sydney… - CO-ORDINATED CONSTRUCTION CO V CLIMATECH (CANBERRA) PTY LTD [2005] NSWSC 312
Co-ordinated Construction Co Pty Limited (‘Co-ordinated’), as contractor, retained Climatech (Canberra) Pty Ltd (‘Climatech’), as subcontractor, to provide air conditioning and mechanical services for the refurbishment project of the Gazebo Hotel in Elizabeth Bay, Sydney… - COBRAM LAUNDRY SERVICES V. MURRAY GOULBURN CO-OPERATIVE CO LTD [2000] VSC 353
In 1990 Cobram commenced a commercial arrangement for the provision and laundering of employee uniforms for Murray’s… - COCO v. A.N. CLARK (ENGINEERS) LTD [1969] RPC 41
Coco was developing a motor-assisted cycle or moped. He entered into negotiations with AN Clark to develop the moped and provided information to A.N. Clark about his moped. After some time, A.N. Clark elected to not further develop the Coco moped and instead began to develop its own moped… - CODELFA CONSTRUCTION PROPRIETRY LTD V STATE RAIL AUTHORITY OF NEW SOUTH WALES (1981-1982) 149 CLR 337
Codelfa was contracted to perform excavations for an underground railway within in a fixed period. The parties had contracted under the misapprehension that construction work could proceed on a three shifts per day basis. An injunction obtained by local residents made this impossible… - COMMISSIONER FOR MAIN ROADS V REED & STEWART PTY LTD (1974) 131 CLR 378
The Commissioner engaged Reed and Stewart to build part of an expressway in Sydney. The contract provided that Reed and Stewart were to take topsoil from the site and lay it around embankments… - CON-STAN INDUSTRIES OF AUSTRALIA V NORWICH WINTERTHUR (AUST) LIMITED [1986] 64 ALR 481
Con-Stan Industries of Australia Pty Ltd (Con-Stan) engaged an insurance broker to select insurance for various risks. Norwich was selected by the broker as the appropriate insurer. Norwich agreed to insure Con-Stan… - CONCUT PTY LTD V WORRELL [2000] HCA 64
Concut had employed Wells as a manager since 1980. There was no written employment contract between Concut and Wells until 1 December 1986 when they executed a written document called a Service Agreement… - COOGEE ESPLANADE SURF MOTEL PTY LTD V COMMONWEALTH (1976) 50 ALR 363
A Commonwealth government department had agreed in principle to purchase the Coogee Beach Motel for a fixed price… - COOPER V VEGHELYI & ORS [2005] NSWSC 602
Home Productions Pty Ltd (‘Home’) submitted a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) to Margaret Anne Cooper (‘Cooper’)… - COORDINATED CONSTRUCTION CO V J M HARGREAVES & ORS [2005] NSWCA 228
Coordinated Construction Co (‘Coordinated’) entered into a construction contract with J M Hargreaves (‘Hargreaves’) whereby Hargreaves agreed to carry out certain work in connection with the redevelopment of the former Gazebo Hotel at Elizabeth Bay. Hargreaves submitted Payment Claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’)… - COORDINATED CONSTRUCTION CO V J M HARGREAVES & ORS [2005] NSWSC 77
Coordinated Construction Co (‘Coordinated’) entered into a construction contract with J M Hargreaves (‘Hargreaves’) whereby Hargreaves agreed to carry out certain work in connection with the redevelopment of the former Gazebo Hotel at Elizabeth Bay… - CREWFORD PTY LTD V TRANSIT AUSTRALIA PTY LTD (1999) APPEAL 5600 OF 1998
Transit and Crewford were involved in an arbitration for the determination of what compensation should be paid to Crewford for loss of bus services. The arbitrator awarded costs to Crewford. Transit appealed to the Court on the costs order… - CRITCHLEY V. CROSS [2000] NSWSC 6
Cross was the owner of land located besides the Shoalhaven River. There was a beach on Cross’ side of the river and the beach was owner used by people travelling by boat along the river… - CUFONE & ORS V CRUSE &ORS NO SCGRG-99-269 [269] SASC 304 (8 SEPTEMBER 2000)
Cufone and Cruse owned equal numbers of units in a unit trust that operated a tavern for which Fun Trading was the trustee. Cufone and Cruse had equal shareholding in Fun Trading but the Cufone representatives held majority interest on the Board of Directors of Fun Trading… - CUZENO PTY LTD V. POWERCELL PTY LTD [1999] NSWCA 344
Powercell entered into a contract with Cuzeno for building works on land owned by Cuzeno. Powercell was to be paid by becoming the registered proprietor of 9 of the 18 units to be built on the land… - DATA ACCESS CORPORATION V POWERFLEX SERVICES PTY LTD [1999] HCA 99
Data Access is the publisher of the Dataflex software package. Powerflex created the Powerflex software package to complement the Dataflex package. Powerflex was compatible with Dataflex and used certain macros and reserved words used by Dataflex… - DATAFLOW COMPUTERS PTY LTD V. GOODMAN [1999] FCA 1625
Goodman, a former employee of Dataflow, sent anonymous emails to various people including franchisees of the Harvey Norman chain of retail stores. Dataflow was the supplier of various software packages to software retailers including Harvey Norman stores. The email from Goodman alleged that Dataflow intended to compete against Harvey Norman and other software retailers by selling software directly to consumers… - DE MARTIN & GASPARINI PTY LTD V STATE CONCRETE PTY LTD & ORS [2006] NSWSC 31
De Martin & Gasparini Pty Limited (“DMG”) and State Concrete Pty Ltd (“State Concrete”) entered into a contract whereby State Concrete agreed to provide work and materials for a project known as Roads Waterside… - DEPARTMENT OF PREMIER & CABINET V. HULLS [1999] VSCA 117
Hulls made an Freedom of Information application for access to all documents provided to the Department during the casino licence bidding process by the then Victorian Casino Control Authority (VCCA) which contain financial information regarding bids for the casino licence extracted from submissions lodged with the then VCCA by Applicants for the casino licence…