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

  • HEDLEY BYRNE & CO LIMITED V HELLER & PARTNERS LIMITED [1964] AC 465
    Hedley were advertising agents who placed expensive forward advertising orders for Easipower. Hedley would be personally liable for the cost of the orders so they asked their bankers to inquire into Easipower’s financial stability. The bankers made inquiries of Heller, Easipower’s bankers…
  • HELLER FINANCIAL SERVICES LTD V THIESS CONTRACTORS PTY LTD [2000] FCA 802
    Thiess was the head contractor on three separate contracts and engaged KF Air as a subcontractor for each contract. Thiess allegedly owed money to KF Air for progress claims and retention monies. KF Air had assigned its book debts to Heller and Heller had given notice to Thiess of the assignment of the debts. KF Air went into receivership and then liquidation and the debts allegedly owed by Thiess to KF Air remained unpaid…
  • HOLMWOOD HOLDINGS V HALKAT ELECTRICAL CONTRACTORS & ANOR [2005] NSWSC 1129
    Holmwood Holdings Pty Ltd (“Holmwood”), through its construction manager Tricon Projects Pty Ltd (“Tricon”) entered into a construction contract with Halkat Electrical Contractors Pty Ltd (“Halkat”) for electrical works in relation to the refurbishment, renovation and extension of a nursing home..
  • HOME MANAGEMENT MAINTENANCE PTY LTD V. DOYLE [1992] ACTSC 44
    Doyle wanted to extend their home and Home Management through sub-contractors agreed to complete the necessary building works. Doyle claimed that the contract was for a fixed price of $30,000 while Home management said the agreement was that the work would be done for cost.
  • HOTLINE COMMUNICATIONS LTD V HINKLEY & ORS [1999] VSC 74
    Hinkley was the initial author of a computer program called Hotline. He came into contact with some Canadians and together they incorporated and became shareholders in Hotline Communications (“Hotline”). Hotline took over the development of the computer program…
  • HUGHES AIRCRAFT SYSTEMS INTERNATIONAL V AIR SERVICES AUSTRALIA (1997) 146 ALR 1
    Hughes Aircraft Systems International (“Hughes”), a Californian company, was the unsuccessful tenderer in a two party bid for the award of The Australian Advanced Air Traffic System (“TAAATS”) released by Air Services Australia (“Air”), a statutory corporation of the Commonwealth. The successful tender was Thompson Radar Australia Corporation (“Thompson”)…
  • INTEGRATED COMPUTER SERVICES V DIGITAL EQUIPMENT CORPORATION (AUSTRALIA) PTY LTD (1988) CA 365 OF 1986
    This case concerned a dispute between the parties about the existence of contracts between ICS & DEC for the sale and purchase of a VAX Main Frame computer. The terms of the alleged contract were that ISC would purchase the VAX for $150,000 upon the terms that funds for the acquisition of the VAX were to be set aside the rate of $600 from the sale by ICS of computers…
  • INTEN CONSTRUCTIONS V REFINE ELECTRICAL SERVICES & ANOR[2006] NSWSC 1282
    Inten Constructions Pty Ltd (“Inten”) engaged Refine Electrical Services Pty Ltd (“Refine”) as subcontractor to perform electrical works at a project at Neutral Bay. Some months after the project had been completed, Refine served on Inten a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”)…
  • INTERFOTO PICTURE LIBRARY LTD V STILETTO VISUAL PROGRAMMES LTD [1988] 1A11ER 348
    Stiletto needed photographs for an advertising campaign for a client. It contacted Interfoto, with whom it had no previous dealings, and asked if it had any suitable photographs. Interfoto sent some photographs to Stiletto with a delivery note and specified that the photography had to be returned by 19 March 1998…
  • J-CORP LTD V GILMOUR [2005] WASCA 136
    Ross Stewart Gilmour (“Gilmour”) entered into a building contract with J-Corp Ltd (“J-Corp”), the builder, to construct a house in Chidlow, Western Australia…
  • JANSSEN-CILAG PTY LIMITED V PFIZER PTY LIMITED (1992) ATPR 41-186
    The Federal Court found that certain representations made by the Pfizer contravened s52 of the Trade Practices Act and granted injunctions against Pfizer to restrain the further making of these representations…
  • JBK ENGINEERING PTY LIMITED V BRICK & BLOCK COMPANY PTY LIMITED [2006] NSWSC 1192
    Brick & Block Company Pty Ltd (“Brick & Block”) entered into contracts with JBK Design & Construction Pty Ltd (“JBKD”) and JBK Engineering Pty Ltd (“JBKE”) to design and manufacture respectively raw materials conveyors at its Port Kembla plant. JBKE and JBKD both served payment claims pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) on Brick & Block.
  • JENNINGS CONSTRUCTION LTD V Q H & M BIRT PTY LTD [1986] 8 NSWLR 18
    Jennings Construction Ltd (‘Jennings’) entered into a subcontract with Q H & M Birt Pty Ltd (‘Birt’) earthworks relating to the construction of State Highway No. 3 near Goulburn…
  • JOHN HOLLAND CONSTRUCTION AND ENGINEERING PTY LTD V MAJORCA PROJECTS PTY LTD & ANOR (1996) 13 BCL 235
    The Majorca building is an Art Deco medium rise commercial building at 258 Flinders Lane, Melbourne. Majorca Projects Pty Ltd (“Majorca”) entered into a JCC contract with John Holland Construction and Engineering Pty Ltd (“John Holland”) to refurbish the building and to convert it into residential apartments with retail tenancies on the ground floor at a price of $2.8 million. Majorca engaged Bruce Henderson (“Henderson”) as Architect to administer the contract…
  • JOHNSON MATHEY LTD V. AC ROCHESTER OVERSEAS CORPORATION – (1990) 23 NSWLR 190
    The parties were involved in contractual relationship to supply car parts for installation in motor vehicles manufactured in Australia…
  • KANE CONSTRUCTIONS V SOPOV [2005] VSC 237
    Kane Constructions (“Kane”) entered into a contract with Sopov for the renovations and extensions to a former industrial building at 158-172 Oxford St, Collingwood in Melbourne…
  • KATHERINE PTY LTD V THE CCD GROUP PTY LTD [2008] NSWSC 131

  • LANDORO PTY LTD V. JENSEN PTY LTD APPEAL NO 5783 OF 1998
    Landoro entered into a sub-contract with Jensen for work at the Brisbane Casino and Hotel site. Landoro told Jensen that it had cash flow problems and needed to be paid promptly…
  • LANSKEY CONSTRUCTIONS PTY LTD V NOXEQUIN PTY LTD (IN LIQ) [2005] NSWSC 963
    Lanskey Constructions Pty Ltd (“Lanskey”), the builder, was engaged in the construction of a project known as Northgate Apartments in Wollongong. Noxequin Pty Ltd (in liquidation) (“Noxequin”) was a sub-contractor to Lanskey engaged to do the formwork. Noxequin submitted a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) for final payment and release of retention monies totalling $145,849.40…
  • LAPHAM V DEPARTMENT OF EDUCATION AND COMMUNITY SERVICES [1998] ACTAAT 290
    Lapham applied for access to documents held by the Department in its family service files which referred to him either directly or indirectly…

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