FEDERAL COURT OF AUSTRALIA Case Name: Orient Overseas Container Line Ltd v APL Co Pte Ltd (No 2) [2021] FCA 606 Medium Neutral Citation: [2021] FCA 606 Hearing Date(s): 3 June 2021 Date of Orders: 3 June 2021 Decision Date: 3 June 2021 Before: STEWART J Decision: THE COURT ORDERS THAT: 1. Pursuant […]
DISTRICT COURT OF QUEENSLAND Case Name: One Sector Pty Ltd v Panel Concepts Pty Ltd [2021] QDC 54 Medium Neutral Citation: [2021] QDC 54 Hearing Date(s): 19 March 2021 Date of Orders: 8 April 2021 Decision Date: 8 April 2021 Before: Barlow QC DCJ Decision: Application dismissed Catchwords: ARBITRATION – ARBITRATION AGREEMENT – ARBITRATION […]
SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS Case Name: VENETIAN NOMINEES PTY LTD v WEATHERFORD AUSTRALIA PTY LTD [2021] WASC 137 Medium Neutral Citation: [2021] WASC 137 Hearing Date(s): 15 FEBRUARY 2021 Date of Orders: 5 MAY 2021 Decision Date: 5 MAY 2021 Before: 5 MAY 2021 Decision: Application dismissed Catchwords: Arbitration – Private […]
Court of Appeal Supreme CourtNew South Wales Case Name: Lepcanfin Pty Ltd v Lepfin Pty Ltd Medium Neutral Citation: [2020] NSWCA 155 Hearing Date(s): 14 May 2020 Date of Orders: 23 July 2020 Decision Date: 23 July 2020 Before: Bell P at [1]; Payne JA at [116]; McCallum JA at [117] Decision: 1. Grant […]
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 […]
