Casewatch List

Casewatch List

  • This case highlights the High Court’s to give a wider interpretation to arbitration clauses and a vital importance to context in interpretation of arbitration clauses, and to be more willing to send parties to arbitration. The case also demonstrates the persuasive power of Mrs Gina Rinehart in all areas.     For a free PDF

  • SUPREME COURT OF QUEENSLAND JOHN HOLLAND PTY LTD (ABN 11 004 282 268) (Applicant) V ADANI ABBOT POINT TERMINAL PTY LTD (ABN 93 149 298 206) (Respondent)   FILE NO: SC No 2604 of 2016 DIVISION: Trial Division PROCEEDING: Application for Costs ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: 12 March 2018 DELIVERED AT:

  • 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

  • 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

  • FEDERAL COURT OF AUSTRALIA Hancock Prospecting Pty Ltd v Rinehart (No 2) [2017] FCAFC 208 Appeal from: Rinehart v Rinehart (No 3) [2016] FCA 539 File numbers: NSD 916 of 2016 NSD 922 of 2016 Judges:  ALLSOP CJ BESANKO O’CALLAGHAN JJ Date of judgment: 15 December 2017 Catchwords: ARBITRATION  – stay of proceeding brought in Court in favour of arbitration

  • WALLERA PTY LTD V CGM INVESTMENTS PTY LTD & ANOR [2001] NSWSC 96 Supreme Court of New South Wales – 1 March 2001 FACTS Wallera had franchised a carpet dry-cleaning process from CGM and Whistle. The process of electromagnetically dry-cleaning carpets (“the process”) that was used by Wallera and the use of the name “Electrodry” (“the

  • VINCE SCHOKMAN & ANOR V XCEPTION CONSTRUCTION PTY LTD & ANOR [2005] NSWSC 297 Supreme Court of New South Wales – 4 April 2005 FACTS Xception Construction Pty Ltd (‘Xception’) entered into a construction contract with Vince Schokman (‘Schokman’) for the carrying out of construction work at Stotts Street, Bilambil Heights in New South Wales. On

  • VILLANI & ANOR V DELSTRAT PTY LTD & ANOR [2002] WASC 112 Supreme Court of Western Australia – 16 May 2002 FACTS This proceeding involved an application by Mr. & Mrs Villani to set aside the award of an arbitrator for misconduct by failingto decide substantial pleaded issues between the parties. Mr. & Mrs Villani

  • VICTORIA PARK GOLF CLUB INC V BRISBANE CITY COUNCIL [2001] QSC 225 Supreme Court of Queensland – 29 June 2001 FACTS The Council was the owner (on trust) of land used for a golf course. The golf club operated a clubhouse on the land and its members had entitlements to use the golf course. During the

  • VARNSDORF PTY LTD V FLETCHER CONSTRUCTIONS LTD [1999] VSC 9 Supreme Court of Victoria – 1 February 1999 FACT Varnsdorf was the lead contractor and Command and Fletcher were sub-contractors. Varnsdorf referred a dispute to arbitration. Fletcher made allegations against Command in its witness statements and Command then served a notice of dispute after the thirty day