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

  • FALGAT CONSTRUCTIONS PTY V MASTERFORM PTY LTD [2005] NSWSC 728
    Falgat Constructions Pty Ltd (‘Falgat’) entered into a construction contract with Masterform to carry out works building works at 23 to 25 Chesterfield Parade, Bronte. A contractual dispute arose and proceedings commenced in the Consumer Trader & Tenancy Tribunal (‘CTTT’)…
  • FALGAT CONSTRUCTIONS V MASTERFORM [2005] NSWSC 525
    Falgat Constructions (‘Falgat’) entered into a construction contract with Masterform to carry out works building works at 23 to 25 Chesterfield Parade, Bronte. A contractual dispute arose and proceedings commenced in the Consumer Trader & Tenancy Tribunal (‘CTTT’)…
  • FAR HORIZONS PTY LTD V MCDONALD?S AUSTRALIA LTD [2000] VSC 310
    Far Horizons Pty Ltd (“Far Horizons”) conducts two McDonald’s restaurants at Fountain Gate Shopping Centre and in Endeavour Hills in Melbourne, under a licence entered into with McDonald’s Australia Ltd (“McDonald’s”)…
  • FERNKILN P-L V AUST BUILDING IND P-L [1999] QCA 179
    Australian Building Industries owned land in Townsville that it proposed to develop as a commercial site. Fernkiln was a roofing manufacturer that was interested in leasing a purpose built building in Townsville…
  • FERNTREE HOMES PTY LTD V BOHAN [2002] FCA 16
    Ferntree sued Bohan for breach of copyright in building plans for a project home known as Golden Fern MK2. The Bohans constructed a home on land in accordance with plans produced by Mr. Dean, an architectural draughtsman. The final structure was very similar in design to the Golden Fern design.
  • FIFTY PROPERTY INVESTMENTS PTY LTD V BARRY J O?MARA & ANOR [2006] NSWSC 428
    Maurice Tarabay entered into a contract with Fifty Property Investments Pty Ltd (“FPI”) for the construction of 42 home units and townhouses at Ashfield, the stonework being face brick. Some time after the project commenced, another company, Impero Stone, offered to supply and install natural stonework for the project. The cost of the stonework was included in a variation claim submitted to FPI by Mr Tarabay…
  • FLORIDA HOTELS PTY LTD V MAYO [1965] 113 CLR 588
    Florida Hotels decided to construct a pool at the rear of one of its hotels. Mayo was retained as the architect to design the pool. Florida Hotels did not engage a builder but instead engaged tradesmen and laborers to carry out the work. Mayo did some supervising of the works…
  • FRANKLIN V. GIDDINS [1978] QD R 72
    Franklin was the owner of an orchard and had developed a new type of nectarine called the Franklin Early White. This nectarine was of better quality than most nectarines and had the commercial advantage of ripening before other nectarines. Giddins was a neighbour and friend of Franklin’s son and was aware of the commercial value of the new nectarine type and was also aware that Franklin did not wish to sell the nectarine budwood and allow others to grown the new nectarine…
  • FULLERTON NOMINEES PTY LTD V DARMAGO [2000] WASCA 4
    Fullerton wanted to win a contract with an Indonesian company to construct and commission an abattoir in Indonesia. Darmago was engaged by Fullerton to act as an agent to assist in obtaining the abattoir contract…
  • GATES V THE CITY MUTUAL LIFE ASSURANCE SOCIETY [1986] 160 CLR 1
    Gates agreed to upgrade his insurance policy to include total disability cover. An agent of City Mutual told Gates that the policy would insure him if he was unable to carry on his occupation as a self employed builder. That statement was false as the policy only insured him if he was unable to be employed by any occupation…
  • GAYMARK INVESTMENTS PTY LTD V WALTER CONSTRUCTION GROUP LTD [1999] NTSC 143
    Gaymark Investments Pty Ltd (‘Gaymark’) entered into a modified NPWC 3 contract with Walter Construction Group Ltd (‘Walter’) to construct the Darwin Central Hotel complex…
  • GINGIS & ANOR V GILBERT & ANOR [2000] VSC 62
    Gingis purchased a real estate business from Gilbert and the purchase price was financed by the National Bank. Gingis defaulted on his loan with the Bank and legal proceedings for enforcement of a mortgage and related guarantees were issued by the Bank against Gingis…
  • GLEN EIGHT V HOME BUILDING [2005] NSWSC 907
    Glen Eight Pty Ltd (“Glen Eight”) entered into a contract with Home Building Pty Ltd (“Home Building”) (now in liquidation) for the construction of a residential apartment building at 8 Glen Street, Milsons Point. Home Building served a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) in the sum of $6,650,000 for building work carried out on the site…
  • GRAY (CONSTRUCTIONS) PTY LTD V HOGAN [2000] NSWCA 26
    Gray was retained by Hogan to complete some building work at her home. The architectural drawings provided by Hogan were incomplete and therefore Gray gave Hogan a budget estimate. However the contract between the parties was not in writing and therefore was unenforceable under the then Building Services Corporation Act 1969…
  • GREAT NORTHERN RAILWAY COMPANY V. WITHAM [1873] LR 9 CP 16
    Great Northern advertised for tenders for the supply of iron for a period of twelve months. Witham tendered to supply the iron required for the period at certain fixed prices and “in such quantities as the company’s store-keeper might order from time to time…
  • GSA GROUP PTY LTD AND ORS V. SIEBE PLC AND ORS (1993) 30 NSWLR 573
    This was a hearing in which the GSA as Plaintiff were contesting the court’s provisional view, expressed in an earlier judgment, that it was entitled only to nominal damages only in respect of the Siebe’s repudiation of the distributorship contract…
  • GUTNICK V DOW JONES & CO INC [2001] VSC 305
    An article headed “Unholy Gains” was published in Barrons Magazine and also placed on the Defendant’s website located in New Jersey USA. Dow Jones operated this as a subscriber site and had 1700 subscribers in Australia.
  • HACKSHAW V. SHAW [1984] 155 CLR 614
    Shaw was the owner of a farm where petrol was stored for farming machinery. The petrol was being stolen at night and Shaw decided to ambush the next thief of petrol. He therefore lay in wait near the petrol tank…
  • HALKAT ELECTRICAL V HOLMWOOD HOLDINGS (APPEAL) [2007] NSWCA 32
    Halkat Electrical Contractors Pty Ltd (“Halkat”) was retained by Holmwood Holdings Pty Ltd (“Holmwood”) as the electrical contractor for a building project. A Payment Claim made by Halkat was referred to adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”). The Adjudicator determined that Halkat was entitled to a progress payment from Holmwood of $116,598.35…
  • HARVELA INVESTMENTS LIMITED V. ROYAL TRUST CO OF CANADA (1985) 2 ALL ER 966
    Harvela and Sir Leonard were invited by Royal Trust to make sealed competitive bids for shares on certain terms and Royal Trust stated that it bound itself to no one except the highest bid. Royal Trust also stated that it would only accept a sealed and confidential single offer for the shares…

PAGE: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13