Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8

HIGH COURT OF AUSTRALIA FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND KIEFEL JJ   TABCORP HOLDINGS LTD (Appellant) AND BOWEN INVESTMENTS PTY LTD (Respondent)   Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 12 February 2009 M63/2008   ORDER Appeal dismissed with costs   CATCHWORDS Contract – Damages – Lease – Tenant’s covenant […]

PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159

COURT OF APPEAL SUPREME COURT NEW SOUTH WALES   HEARING DATE: 16 June 2017 DATE OF ORDERS: 27 June 2017 BEFORE: McColl JA, Gleeson JA, McDougall J DECISION: (1) Notice of appeal dismissed with costs. (2) On the cross-appeal: (a) Set aside the costs orders made by the primary judge; (b) In place of those […]

Stone v Chappel [2017] SASCFC 72

SUPREME COURT OF SOUTH AUSTRALIA (Full Court) DISCLAIMER – Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment.  The onus remains on any person using material in the judgment to ensure that the intended use of that material does not breach any such […]

Bellgrove v Eldridge (1954) 90 CLR 613

HIGH COURT OF AUSTRALIA   BELLGROVE, APPELLANT PLAINTIFF   AND    ELDRIDGE, RESPONDENT DEFENDANT   ON APPEAL FROM THE SUPREME COURT OF VICTORIA.   Building—Contract for erection of house—Breach by builder—Faulty foundations— Instability of structure—Demolition—Reconstruction—Measure of damages.   In an action for damages for breach of contract brought by a building owner against a builder, it […]

Burns v MAN Automotive (Aust) Pty Ltd (1986) 161 CLR 653

HIGH COURT OF AUSTRALIA Gibbs C.J., Wilson, Brennan, Deane and Dawson JJ.   BURNS v. M.A.N. AUTOMOTIVE (AUST.) PTY. LTD. (1986) 161 CLR 653 16 December 1986   Contract—Breach—Damages—Sale of goods—Prime mover—Warranty that engine fully reconditioned—Breach—Loss of earnings—Extent of recovery—Mitigation of loss—Purchaser impecunious—Relevance to assessment of damages and mitigation. Decisions GIBBS C.J.: This is an […]

Defective Works

Jim Doyle, Partner at Doyles Construction Lawyers presents on defective building works.

Mann v Paterson Constructions Pty Ltd [2018] VSCA 231

This case highlights the approach taken by the Victorian Supreme Court of Appeal when assessing a claim made in quantum meruit as a result of one party accepting the repudiation of a contract made by the other party. The Court will have regard to actual costs when assessing the amount payable, however is not bound […]

Stepanoski v Aslan [2018] NSWSC 1160

This case highlights the approach taken by the New South Wales Supreme Court in assessing which Construction Contract is in existence and binds the party in the situation whereby a Cost-Plus Contract is in existence, however the parties’ executed a lump sum contract some months later and backdated it to the date of the Cost-Plus […]

Wollongong Coal Limited v Gujarat NRE India Pty Ltd [2015] FCA 221

This case highlights the approach taken by the Federal Court of Australia in assessing claims to set aside a statutory demand, served pursuant to s.459E of the Corporations Act, on the basis that the Affidavit in support of the Demand was affirmed 13 hours after the Statutory Demand and that the Description of the Debt […]

Coliban Heights Pty Ltd v Citisolar Vic Pty Ltd [2018] VSCA 751

This case highlights the approach taken by the Victorian Supreme Court of Appeal in assessing an appeal before it in relation to a party terminating a goods and services contract pursuant to s.269 of the Competition and Consumer Act, where the terminating party appears to have accepted the goods and services under s.270 of the […]