McGrath Corporation Pty Ltd v Global Construction Management Pty Ltd & Ian Vincent Taylor [2011] QSC 178.
FACTS
McGrath Corporation (“MCPL”) commenced a development constructing a twin tower unit. Global Construction (“Global”) was engaged by MCPL as construction manager for the project. Ian Taylor, who traded as ITF Formwork (“ITF”), was engaged by MCPL to perform form working on the project.
ITF performed its contract poorly and MCPL alleged that Global had breached its contractual obligations and common law duties by, amongst other things, failing to properly monitor ITF and immediately advise MCPL of any known defects. The court held that Global and ITF had breached their obligations and duties and awarded damages in total of $716,074. MCPL’s claim was governed by the proportionate liability provisions of the Civil Liability Act 2003 (QLD).
ISSUE
What proportion of damages are considered just and equitable having regard to the extent of Global’s responsibility for those damages?
FINDING
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